“Can a non-compete agreement require that New York law applies even if the company is not in New York?”

Sklover Working Wisdom

Question: Can the company I work for have a letter of non-compete based on the law of the State of New York even though they have no office in that state? Can this non-compete apply overseas? . Answer: Dear Jum: As you are probably aware, I am not licensed to practice law in Saudi Arabia, but only in New York, in the U.S. Non-compete agreements are a kind of contract.

7 Recruiting Competencies to Guide the 21st Century Recruiter

Workology

Great not just good recruiters require a different set of skills, abilities, and competencies altogether to engage, qualify and recruit talent to our organization(s). I’ve been exploring the different competencies needed to be successful at the different human resource roles: 1) recruiter, 2) leader, and 3) HR practitioner. What is a Competency? A competency is defined as the ability to do something successfully or efficiently.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Non-Compete or Non-Solicit? Use “C.A.T.C.H.” to Understand It

Sklover Working Wisdom

After leaving his prior employer, he took a new job, and was doing quite well – until he was sued, and his new employer placed him on “Suspension – Leave of Absence” until the case was over. What the supposed non-compete agreement prohibited was “working for a competing medical device manufacturer, anywhere in the eastern half of the United States, that sells to hospitals replacement heart valves based on the same technology.”.

“Your Best Time to Beat a Non-Compete”

Sklover Working Wisdom

ACTUAL CASE HISTORIES* : Geraldine, 33 and a fashion coordinator for a New York-based fashion firm, was ecstatic; she had been offered a better position, with a significant pay raise, by a fairly new, upstart competitor. All seemed great, so she took the new job, and started three weeks later. They were in the business of “hats to shoes,” and everything in between, making Geraldine’s non-compete agreement quite a problem. .

“Is a non-compete agreement enforceable after being let go without cause?”

Sklover Working Wisdom

Question: I signed a non-compete agreement when I was hired that said that “for six months after employment ends, for any reason” I cannot work for a primary competitor of my employer. Is my non-compete enforceable? New York, New York. New York has no clear rule on this question, and in many other states this is so, as well. 4) Does the non-compete act to force a forfeiture of the employee’s vested benefits?; (5)

“Must an employee be paid to sign a non-compete?”

Sklover Working Wisdom

Question: Is it true that a non-compete agreement can only be enforced when the employee signing it is compensated for giving up their rights? When I became a W-2 employee, I was required to sign a new and detailed non-compete agreement, but not compensated extra for signing it. New York, New York. There are many factors that go into determining if a “non-compete” is enforceable. Non-Compete's and Trade Secrets Q & A

Your Non-Competes Aren’t Saving Your Business, They are Destroying Lives

Evil HR Lady

A few years ago, sandwich shop Ji mmy Johns hit the headlines with the news that they required low level employees to sign non-compete agreements. They later dropped this clause after a public outcry and the New York State Attorney General declaring the clause “unlawful.” ” That should have been the end of low income non-compete agreements, but sadly, it’s not.

2017 149

“If I am not paid commissions due me, is my non-compete still valid?”

Sklover Working Wisdom

Question : When I was hired, I had to sign a two-year non-compete. Competing companies want to hire me. Since my employer breached my commission contract, am I still held to their non-compete? New Hyde Park, New York. Second, if your employer failed to honor an obligation to pay you commissions, you will probably have no problem defeating any attempt to enforce the non-compete in Court.

“Can I do work ‘on the side’ so long as it doesn’t violate the non-compete I signed?”

Sklover Working Wisdom

I signed a non-compete agreement when I started. My question is this: is it okay if I do freelance marketing for clients on my own time so long as it doesn’t violate the terms of my non-compete? New York, New York. Like any other agreement, a non-compete agreement means what it says, no more and no less. Most non-compete agreements are not difficult to read, or understand, for lawyers and non-lawyers alike. Question : Hi, Alan.

“Is there a way I can 'get out of' the non-compete agreement I.

Sklover Working Wisdom

Blog » “Is there a way I can ‘get out of’ the non-compete agreement I signed?” “Is Is there a way I can ‘get out of’ the non-compete agreement I signed?” When I joined the company I signed a non-compete agreement In it I agreed not to work for another investor relations firm for twelve months after my employment ends for any reason, or to solicit any of the firm’s clients or employees. Job Offers, New Jobs and Promotions F. Non-Competes and Trade Secrets L.

NYC, Brooklyn, Queens and Long Island Tech Sales | CARR (A Xerox Company)

Career Realism

Sales Manager Position: We are looking for a Sales Manager in our NYC location to manage and lead a sales team of 7-10 sales representatives with responsibility for team performance and achievement of a target revenue and gross profit as well as retain and expand the existing customer base with focus on new business. Sales Manager Desired Competencies and Experience. NYC, Brooklyn, Queens and Long Island Tech Sales | CARR (A Xerox Company) Work It Daily.

2018 51

CT, MA, NY & RI Tech Sales | CBS (A Xerox Company)

Career Realism

In this position, you will become a trusted consultant to a net new client base you’re responsible for growing and maintaining throughout your protected territory. Sales Representative Desired Competencies and Experience. Demonstrated flexibility and adaptability; willingness to take risks and try new approaches. Job Search Recruiting career advice connecticut ct job search ma massachusetts new york ny NY & RI Tech Sales rhode island ri tech sales xerox

How to compete with Generation Z

Penelope Trunk

The question is, how do we get this lifelong learning bug now, as adults, so we can compete with the young people when they enter the workforce. And I think I'm on the right track, because Lisa Nielsen , an education reformer working in the New York City public schools, says that lifelong learners are great at creating their own networks of experts. Yang writes about the famously merit-based magnet high school, Stuyvesant , in New York City.

Garden Leave. Is Negotiable

Sklover Working Wisdom

Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. Please note that Mr. Sklover is admitted to practice in the state of New York, only. For further information, contact Sklover & Company, LLC, One Rockefeller Plaza, New York, New York 10020 (212) 757-5000. “Logic will get you from A to B. Imagination will take you everywhere.”. – Albert Einstein.

2018 109

Ethical to Search Other Jobs for a Competing Offer?

JT & Dale Talk Jobs

I requested a raise but was told the college needed a competing offer to entertain a raise. I do not want to move, and I am torn about whether it is ethical to search out other positions for the purpose of obtaining a competing offer. Dale: You easily could rationalize your seeking out competing offers just by looking at college football and basketball coaches, those masters of ratcheting up their salaries by making visits to other campuses. Dear J.T. &

“Employer Ask You to Sign an Agreement? Ask Your Employer to Pay Your Legal Cost”

Sklover Working Wisdom

Rumor had it that a private equity firm might be interested in buying Charlene’s employer, and it was for this reason that a new, revised Confidentiality and Inventions Agreement was being required.). This context is different: When you are asked to sign a new Confidentiality Agreement, Non-Compete Agreement, or what is called a “Garden Leave” Agreement, it is a Human Resources matter and getting it done is the job of – and is needed by – Human Resources.

2015 118

“Injunctive Relief” Clauses in Contracts – What Do They Mean?

Sklover Working Wisdom

This is what an “Injunctive Relief” clause generally looks like: “The Employee and Employer agree that, if the Employee breaches or threatens to breach his or her obligations not to compete, or not to violate confidentiality, it would cause irreparable injury, and the amount of money damages would be difficult to establish. Received a “Cease and Desist” letter alleging Non-Compete Violation? Please note that Mr. Sklover is admitted to practice in the state of New York, only.

2016 100

The “I am Not Restricted” Clause In Offer Letters

Sklover Working Wisdom

The problem is this: more and more employers are requiring that new employees promise in writing that they have never signed any agreement that would “restrict” them on the new job. There goes that new job. And, making matters, worse, the firing by the new employer might be considered for bad conduct. LESSON TO LEARN : Whether or not you are looking for a new job, it is wise to carefully consider whether or not you have complete or partial “new job freedom.”

Offer 109

I’m 53, How Can I Compete For Part-Time Jobs?

Career Realism

Hiring managers are looking for people to help them solve their problems, and right away they see scheduling you as being a fat new problem. 57th Street, 15th Floor, New York, NY 10019. Photo Credit: Shutterstock The post I’m 53, How Can I Compete For Part-Time Jobs? Dear J.T. & & Dale: I am a single, 53-year-old female who has worked for the same grocery chain for more than 20 years. My title is Supervisor. I work 18 hours a week.

“Non-Solicitation Agreements – From A to Z”

Sklover Working Wisdom

1) First, “non-compete” agreements, which generally provide “I will not work for a competitor of the company in a certain geographic area for a certain period of time.”. (2) And, too, although employers may profess to believe in the capitalist system, free enterprise, and fair competition, insisting that employees sign non-solicitation and non-compete agreements surely shows otherwise. Please note that Mr. Sklover is admitted to practice in the state of New York, only.

2015 116

You Must Protect Your “B.O.B.” (Book Of Business, That Is)

Sklover Working Wisdom

But three big problems arose: (1) She was sent a formal letter reminding her that the papers she had signed had included a one-year non-compete provision that was to be effective if she was ever to leave the firm. If taking a new job, consider proactively raising your right to continue serving your pre-existing clients and customers if you were ever to leave. Always try to “carve out” existing relations from the non-compete’s and non-solicitation provisions you are asked to sign.

2015 116

Non-Solicitation Does NOT Mean Non-Communication

Sklover Working Wisdom

Make new friends but keep the old. Recently, though, “non-compete’s” are facing greater scrutiny and skepticism than ever before among many Judges, as non-compete agreements frequently entail keeping a working person – and probably a person supporting a family – out of work without a really good reason. Thus, employers and their lawyers are finding the enforceability of non-compete agreements less and less certain as time goes on.

2016 100

“What is ‘indirect’ solicitation of customers?”

Sklover Working Wisdom

Thus, it is quite possible that your agreement, though entitled “Non-Solicitation Agreement” might really be a “Non-Compete Agreement.” . You may want to review a blogsite article I have written entitled “Hidden Handcuffs: Beware of Buried and Disguised Non-Compete’s.” Your letter raises the notion of having your new employer contact your former customers and solicit them to do their business with your new employer. Non-Compete's and Confidentiality Q & A

2012 109

“With a ‘no-poach’ agreement, can I hire a fired employee?”

Sklover Working Wisdom

If he resigns and gives my former employer 30 days of notice, but my former employer decides, no, he should leave immediately, am I free to hire him? . Sam. Bellmore, New York. . Non-Compete's and Trade Secrets Q & AQuestion: Hi, Al: A year ago, I was let go from my job, after six years working for my employer. As part of my severance agreement, I had to agree not to “poach” employees from my former employer for two years.

2011 138

“Garden Leave’s Little Secret: It is Not Very Enforceable”

Sklover Working Wisdom

LESSON TO LEARN : In the past ten years or so, employers have begun to use a new technique to protect themselves when employees depart, called “Garden Leave.” But, if you are not working at your former employer, and not yet working for your new employer, what can the Court Order you to stop doing. In fact, the New York Courts have held that employers cannot be sued for doing so, even if what they wrote was intentionally malicious. . Here’s 18 Smart Steps to Guide You.

2013 116

“With a ‘no-poach’ agreement, can I hire a fired employee?”

Sklover Working Wisdom

If he resigns and gives my former employer 30 days of notice, but my former employer decides, no, he should leave immediately, am I free to hire him? . Sam. Bellmore, New York. . Non-Compete's and Trade Secrets Other Work Restrictions Q & AQuestion: Hi, Al: A year ago, I was let go from my job, after six years working for my employer.

2011 116

How Do I Compete With Younger Job Candidates?

Career Realism

How do I compete? - 57th Street, 15th Floor, New York, NY 10019. Job Search candidate compete job youngerDear J.T. & & Dale: Twelve years ago, I moved from theater management to higher-education management with a specialty in international programming development. That move was incredibly lucrative. Then I left my job , moved to be near family and now appear to have been exiled from the profession I found mid-career.

15 Summer Releases for your TBR List

Ms. Career Girl

Set during the iconic New York World’s Fair in 1939, We Came Here to Shine tells the remarkable story of two young women with the drive to make their wildest dreams come true. It’s finally summertime!

2020 282

Age is Just a Number: Don’t Let it Hold You Back!

Ms. Career Girl

We are victims of society’s bias about aging; a society that tells us that our age determines our competence, our stamina, our ability to learn new things, our marketability, our self-worth. As we show visible signs of aging, assumptions about our competence kick in.

2020 235

“At Work, Always Look a Gift Horse in the Mouth”

Sklover Working Wisdom

When Jordan met with an attorney, he learned the “really bad news”: the “confidentiality agreement” he’d signed in October included a non-compete obligation that barred him from working in the Medical Equipment field for that 12 months.

2020 151

“Need a Work Document from HR? Afraid to Ask? – Here’s How”

Sklover Working Wisdom

How long is the “garden leave” period you are agreed to, and have you a non-competition or non-solicitation obligation that might prevent your taking that great new job you have been offered? A bad start to a new work relation is never a good thing. Looking for a New Job?

2021 130

“Need a Therapist’s or Doctor’s Note for Work?”

Sklover Working Wisdom

Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. Please note that Mr. Sklover is admitted to practice in the State of New York, only. For further information, contact Sklover & Company, LLC, 45 Rockefeller Plaza, Suite 2000, New York, New York 10111 (212) 757-5000. Covid Stresses make “Doctor’s Notes” of Even Greater Need.

2021 100

Developing Self Leadership: Three Skills that Lead to Success

Ms. Career Girl

An assumed constraint is a belief, based on past experience, that limits new experiences. To be proactive, you need to learn how to diagnose your own development level—where you are in terms of your competence and commitment to get something done. If you don’t have the tools, skills, and competence to do a specific task or solve a specific problem, you need to ask for direction —someone to show you how.

2019 175

“Waterfall Distribution” – What’s That? The Private Equity Pitch to Employees

Sklover Working Wisdom

Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. Please note that Mr. Sklover is admitted to practice in the State of New York, only.

Equity 130

Useful Career Advice for Actors

Career Alley

When everyone is competing against each other, doing something that makes you stand up. There are some fantastic schools all over the country so whether you are looking for a New York acting school , one in Chicago or one in Los Angeles you are bound to find one. When not going this, she likes to do the New York Times crossword. There are thousands of actors out there but only a finite amount of parts.

2012 207

“Side Letter” – Use to Amend “Standard” or “Existing” Agreements

Sklover Working Wisdom

By using a “Side Letter,” we simply confirm the terms of the “main” agreement, but also insert into it one, two or three new terms in an efficient and effective manner. Please note that Mr. Sklover is admitted to practice in the State of New York, only.

2020 130

Time on Your Hands? – Get Valued Credentials Online

Sklover Working Wisdom

To me, this is a very exciting challenge: consider how your world, your industry, your company, your clients and customers, might in the future evolve, and what new and different needs will arise. How might you make yourself more valuable in that “new world?”. (a) Yes, it’s a new world.

2020 130

“Lawyer on Contingency Fee?” – Who “Swallows” the Expenses?

Sklover Working Wisdom

We offer Checklists and Guides for dealing with many employment situations, including Resigning, Severance, Performance Reviews, New-Job Negotiating, Non-Compete’s, Performance Improvement Plans, and Facing the Merger or Sale of Your Employer. Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. Please note that Mr. Sklover is admitted to practice in the State of New York, only.

#GIRLBOSS Inspiration For National Boss Day

Ms. Career Girl

Lori Riviere runs one of the top fashion PR agencies out of her Manhattan office managing PR for major fashion and accessories labels, including becoming one of the few agencies that manages shows for the official on-site shows at New York Fashion Week. As the owner of an award winning fashion PR agency with offices in New York, Miami and Los Angeles, people are often surprised to find out that Lori Riviere used to be a civil litigation attorney.

2017 120

How to Get Ahead in Ballet Flats

Workology

Based in New York City, Chu has developed a group workshop that teaches beheeled women to navigate the tricky terrain of New York City. According to the New York Post , Chu promises to fix common problems he sees women commit such as “falling down into subways” by encouraging leg and heel strengthening exercises and ensuring proper posture: engaged abs, relaxed hips and knees, and straight-back shoulders. Competence is the new black.

2013 105

“New Job, First Week – Seven Questions You Should Always Ask”

Sklover Working Wisdom

ACTUAL “CASE HISTORIES ”: It just never ceases to amaze me: new employees encounter needless difficulties – and lose out on significant benefits – for one simple, yet avoidable, reason: they simply fail to ask a few important questions during their first week on the job. . It’s all very confusing, and made even more confusing by it being the start of a brand new job when you’re confronted by a veritable “blizzard” of new information. .

2013 143

Leaving Your Job? Leave Your ID Badge, Bathroom Key and Twitter Handle at the Door

Career Solvers

According to a Forbes article, Who Owns Your LinkedIn Contacts , a court in England ordered that an employee who resigned to start his own consulting business turn over his LinkedIn contacts to his former employer, along with receipts and contracts proving that none of them became clients of his new firm. Prior to accepting a new position, read the employee manual and learn what the social media policy (if any) is.

Hidden Talent: The Classes of 2008-2012

Workology

These particular college graduates ended up teaching in Thailand, waitressing in Milwaukee, going to Grad School in New York, joining the military, lifeguarding in Florida, and basically taking any kind of job they could find. Now they are competing with the 2013 crop. The next time you are looking to hire a new grad for a position, why not consider one of these grads too? They don’t get the same attention as the very newest college grads.

Talent 109