The Law Office of Mark E. Goidell regularly represents employers and employees in various employment and employment benefit matters.
He handles a wide range of cases involving:
- Breach of employment contracts
- Employment discrimination
- Wrongful termination
- Wage and hour disputes
- Retaliatory terminations
- Pension and ERISA claims
- Enforcement of covenants not to compete
- Enforcement of non-disclosure agreements
- Defamation claims arising from employment situations
At-Will Rule | Breach of Contract | Employment Discrimination | Enforcement of Covenants Not Complete
At-Will Rule
Employment in New York is at-will, meaning that an employee may be fired at any time for various reasons or for no reason at all, as long as the reason is not illegal. However, there are exceptions to the at-will rule that may provide grounds for a lawsuit.
Exceptions to the at-will rule:
- Written promises
- Implied promises
- Breaches of good faith and fair dealing
- Violations of public policy
- Discrimination
- Retaliation
- Fraud
- Defamation
- Whistle-blowing violations
Breach of Contract
An employment agreement is a legal contract between an employee and an employer regarding the terms of employment. Contracts may be created by an employer looking to hire a large number of workers who will perform a similar task, or they may be created for unique employment situations.
A breach of contract may occur when one party fails to uphold the terms of the employment contract. A breach of contract may occur, for example, if an employer terminates an employee in violation of an agreement. An employee may be in breach of an employment contract if the employee discloses confidential information of the employer.
The breach of an employment contract may lead to legal penalties, depending on the type of agreement. For example, if the breach involves failure to pay wages, the legal remedy may include monetary damages from an employer to an employee to reimburse them for missed wages and other remedies. If an employee was wrongfully terminated, a legal remedy may involve the employer reinstating the employee to the former position. Other legal remedies may call for an employment contract to be re-written due to changes in circumstances or to require an employer to change the workplace policies.
Common remedies for breach of contract:
- Payment for holiday or sick leave that was offered and negotiated by the employer, but was never provided by the employer
- Reimbursement for travel expenses or work-related costs that were owed but not paid
- Changes or alterations to an employment contract that were not agreed upon or signed off on by both parties
- A breach in job description or terms of work hours before the parties entered the employment contract or started working
The Law Office of Mark E. Goidell can help draft, edit, review, or negotiate an employment agreement. He can help employees and employers understand employment law under local, state, and federal law. For more information or to schedule a consultation to discuss your breach of contract case, contact Mark E. Goidell at (516) 683-0001.
Employment Discrimination
Employers cannot terminate at-will employees for illegal reasons, including discrimination. Discrimination can take many forms and may include, but not limited to, bias against religion, race, sex, age, national origin, disability, or pregnancy information.
Discrimination in the workplace can take many forms including, but not limited to:
- Denial of employment, promotion, wage increase, or provision of benefits to employees based on a protected characteristic
- Refusal to accommodate religious practices, a qualifying family leave event or a disability
- Employment termination
- Creating, permitting or perpetuating a hostile work environment arising from a protected characteristic
- Wage or benefit differentials based on a protected characteristic
If you believe that you have been terminated from your position due to employment discrimination, denied a promotion or position for a discriminatory reason, or you have been subjected to a hostile work environment arising from a protected characteristic, it is important to consult a New York employment law attorney who can advise you of your legal rights. There are strict employment statute of limitations and rules that must be followed by those seeking to file an employment discrimination claim. For more information or to schedule a consultation to discuss your employment discrimination case, contact Mark E. Goidell at (516) 683-0001.
Enforcement of Covenants Not Complete
Restrictive covenants are an important part of many employer-employee relationships. However, when an employee and an employer part ways, restrictive covenants may be a point of contention in negotiations of employment contracts and separation agreement, and may ultimately lead to litigation.
Some agreements between employers and employees may contain a covenant that restricts them from competing with the employer. If it is found that an employee violated an enforceable covenant not to compete, he or she may be ordered to cease the activity that is deemed competitive and pay damages to their former employer.
Generally, restrictive covenants are entered into voluntarily and will be enforced in a reasonable time and manner that is necessary to protect an employer’s legitimate interests, does not harm public interests, and does not cause an employee unreasonable burden. Whether or not a restrictive covenant can be enforced is determined on a case-by-case basis.
To enforce a covenant to not compete, an employer can file a court action seeking an injunction against the employee for repeated violations of the terms of the agreement. The company may also be able to seek damages to cover a business’ loss due to the employee’s breach of the covenant.
If you are an employer or employee who has a legal matter relating to employment law, contact the New York employment law attorneys of the Law Office of Mark E. Goidell at (516) 683-0001.
