The executives and workforce of a business, and the knowledge base they bring to or access at their workplace, are often a business's most valuable assets. The ability to avoid, or successfully and expeditiously resolve, disputes with employees, and unfair competition by former employees, is critical to maximizing the value of any business. For these reasons, the ability of a business to protect its intellectual capital is vital to its success and is often required by potential lenders and investors as a pre-condition to any investment. Similarly, executives planning a change in employment require critical advice in negotiating the most favorable new agreements and avoiding termination disputes with present or former employers.

Moses & Singer LLP represents employers, executives, lenders and business purchasers in all aspects of employment and labor matters including:

•  Pre-hiring negotiations;

•  Advice on workplace issues such as employment conditions, benefit plans and ERISA compliance, discrimination, privacy, healthcare and health and safety issues;

•  Assistance with terminations and termination benefit claims;

•  Protection of rights after termination involving non-compete and non-disclosure obligations;

•  Due diligence with respect to all of the foregoing.

We help our clients achieve their goals of preventing or resolving (as the case may be) employment-related disputes. But if litigation becomes necessary, we advocate for our clients in virtually any employment-related claim that may arise. Our Employment and Labor Practice draws upon the experience and knowledge of our litigation, corporate, finance, intellectual property, privacy, healthcare and ERISA practitioners to ensure that our clients receive comprehensive representation in all aspects of employment issues.

Our principal Employment practice areas include:

•  Employment and Independent Contractor Agreements

•  Rights and Obligations Affecting Employment

•  Non-Compete, Non-Disclosure and Protection of Intellectual Property

•  Termination of Employment and Related Discrimination and Other Claims

Employment and Independent Contractor Agreements

•  It is important to parties beginning an employment or similar relationship to have agreements that properly address and clearly resolve key issues (including compensation, benefits, protection of intellectual property, conditions of termination, non-compete and non-solicitation duties). Properly drafted agreements help avoid unnecessary disputes and disruption both during and after the relationship.

•  Moses & Singer LLP advises on all aspects of employment, consulting or work-for-hire agreements, including protection of intellectual property, trade secrets, know-how, and customer and supplier relationships though protective agreements and other appropriate procedures and policies.

Rights and Obligations Affecting Employment

Every employer desires a dispute-free workplace. Minimizing disputes requires an understanding of employer and employees' rights in such areas as illegal harassment and discrimination, benefits plans and ERISA, permissible discipline, privacy and health and safety. Moses & Singer assists clients to comply with laws and regulations governing the workplace and employment relations. We also represent clients in litigation and regulatory investigations relating to:

•  Discrimination and Harassment - Consultation on Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, and other statutes, and development and implementation of practices and of procedures to avoid employer liability.

•  Conditions of Employment - Consultation under Family and Medical Leave Act, Fair Labor Standards Act, HIPAA, New York State Labor Law and other statutes pertaining to working conditions, including development and review of employee manuals and establishment of compliance policies.

•  Employee Benefits - Representation on tax, labor, corporate and securities issues pertaining to executive compensation, acquisitions, and employee benefit plans, including ERISA-qualified plans and healthcare matters.

•  OSHA and related Matters - Advice on health and safety issues, including compliance with the Occupational Safety and Health Act (OSHA), the establishment of workable safety programs, and compliance with employee "right to know" statutes.

Non-Compete, Non-Disclosure and Protection of Intellectual Property

The protection of intellectual property, trade secrets, business "know-how" and customer and supplier relationships from misappropriation or misuse by present or former employees is a key concern of virtually every business. Similarly, executives pursuing new opportunities (and their prospective new employers or partners) are vitally interested in using their intellectual capital in new ventures without subjecting themselves to claims by former employers, partners or associates. Representation in this area is a major focus of the work of our firm, which has a national practice and an international reputation in the fields of non-competition agreements, and the protection of intellectual property and trade secrets. We protect our clients' vital interests and assets affected by:

•  Restrictive covenants, non-competition covenants, trade secrets and confidentiality obligations, and employees' duties of loyalty.

•  Alleged or actual criminal or other improper activity, diverted corporate opportunities, breaches of fiduciary duties under agreements or imposed by law, and damage caused or threatened by employees.

•  Employee raiding.

•  Interests in intellectual property.

Termination of Employment and Discrimination Claims

  The poorly planned or executed termination of employment brings with it unnecessary dangers of disputes and litigation. Moses & Singer provides counsel to avoid such disputes and advocates for its clients in any forum (whether federal or state courts, mediation or arbitration) in termination disputes and discrimination claims, from inception through resolution. We represent clients in connection with:

•  Matters under Title VII, the New York Executive Law, the Family and Medical Leave Act, and other discrimination claims .

•  Claims arising out of group and non-group terminations , including the WARN Act.

•  Non-discrimination employment termination claims, including defamation, violation of employee handbook provisions, breach of express and implied employment contract, failure to pay wages, bonuses or benefits and unemployment insurance claims.

•  Arbitrations concerning broker terminations before the NASD.

 

For more information please email us at laborinfo@mosessinger.com