An employment agreement, employment contract or executive agreement is the legal document established between an employee and an employer prior to the commencement of work.  The document normally covers all relevant aspects of the terms of employment, including the date of hire, responsibilities of the employee, commitments of the employer, terms of employment and any restrictive covenants.

At the Richun Law Firm, we work hard for our clients to help protect them from workplace obligations which are either unfair or unreasonable.  Whether negotiating the terms of employment or executive agreements, which may include non-compete or non-solicitation provisions, we counsel our clients to speak with an attorney before signing any agreements simply because many provisions are too broad and unreasonable with current standards of practice.

A non-disclosure agreement (NDA), which can also be known as a Confidentiality Agreement is a legal document between at least two parties outlining confidential material, knowledge or information that all signing parties would like to share with one another but wish to restrict access to the information by third parties.  Typically they are used to protect any type of confidential, proprietary information or trade secrets.  Often times employment agreements will include sections pertaining to company-owned confidential information.  Many times there are severe penalties associated with the breech of such agreements.

At the Rivchun Law Firm, we counsel our clients on Confidentiality and Non-Disclosure agreements.  Whether during negotiation of the employment agreement or as part of a severance agreement it is best to speak with an attorney to ensure that the terms and conditions are in line.  Please keep in mind that often times there are non-disclosure and non-compete clauses in Employee Handbooks.  These issues are often complicated and should be handled by an attorney.

A non-compete agreement bars a former employee from competing against a former employer for a specified amount of time.  Many times these agreements are industry or niche specific and restricted to a specific geographic area.

A non-solicitation agreement is a less restrictive covenant which is solely focused at preventing an employee (or former employee) from soliciting either current employees or current clients from their former employer for use at a competing firm or in the startup of a new business.

The Rivchun Law Firm has ample experience negotiating and preparing both documents which focus on protecting our clients’ rights.  It is strongly suggested that clients seek advice from an attorney prior to signing either a non-compete or non-solicitation agreement.  As with non-disclosure agreements, these restrictive covenants may be found in employee handbooks rather than in a stand-alone document.

A severance agreement or separation agreement is a significant document.  It is the vehicle used to outline the pay and benefits (health, COBRA etc) an employee receives after they leave employment at a company.  It may also specify release of claims, non-disparagement, proprietary information, restrictive covenants (non-compete, non-solicitation), confidentiality or cooperation provisions.  An experienced employment attorney should always review these documents to alleviate the unnecessary waiving of rights or leaving money on the table.

Whether an employer or employee, when a severance agreement needs to be negotiated the best course of action is to work with an experienced employment attorney.  The Rivchun Law Firm has significant experience in employment law and have advised many clients on negotiation tactics or have directly negotiated on behalf of our clients.

Our clients consistently contact the Rivchun Law Firm for assistance in negotiation or negotiation on their behalf for a wide variety of situations.  Whether it be termination of employment, hiring situations or working through the intricacies of employment or executive packages, we are their trusted adviser for almost any situation arising in employment law.

Additionally, the Rivchun Law Firm represents clients through mediation where an impartial third party (the mediator) facilitates the discussion to resolve the differences and reach an agreement between an employee and employer.  This is often times a preferable route to litigation for both parties, however it is oftentimes advantageous to have our firm protecting your interests, making counter-proposals and working on your behalf.

Workplace discrimination is a fluid concept that can be misunderstood and/or misapplied.  It can occur during a job interview, with regard to raises, demotions and many other areas.  It can be applied with regard to race, gender, age, sexual orientation, pregnancy, religion, disability and national origin.

Federal, state and local laws protect employees and job applicants against discrimination in the workplace.  Discrimination cases present difficulties since it may be hard to prove that an employer or co-worker acted in a discriminatory manner.  The Rivchun Law Firm has experience organizing and extracting the facts to support or council clients with a discrimination claim.

Wage and Hour Laws are based on the Fair Labor Standards Act from 1938.  The law’s basic requirements govern the payment of a minimum wage, payment of overtime for employees working more than 40 hours per work week, employment limitations for children and a mandated record keeping by employers.  Not all employees are covered by FLSA, with examples such as employees who earn more than half of their total earnings from sales commissions, seasonal and recreational employees and white collar workers to name a few.

When disputes arise the best course of action is to speak with an attorney.  The Rivchun Law Firm has years of experience dealing with wage and hour disputes, employee classification, procedures for reporting pay, vacation pay and computation of deductions as well as employees rights and more.

The most common types of workplace harassment claims are based on age, race, gender, sexual orientation, disability, religion or national origin, marital status or veteran status.  Discrimination and harassment in the workplace come in many forms and are not solely sexual in nature as many clients believe.  If an employer or their employees have created a hostile, intimidating or offensive work environment the stage is set for workplace harassment.

As with discrimination cases, harassment is an area that is difficult to work through and we recommend speaking with an attorney if you believe harassement has occurred.  The Rivchun Law Firm has worked extensively with employers and employees with regard to harassement in the workplace.  If you need an anti-harassment policy or feel that you have been harassed while at work, contact us for a consultation.