Employee Rights Lawyers

Depending on the scope of the non-compete clause, it could substantially limit your future job prospects. Is the non-compete limited: in time? In industry? In geographical area? To certain competitors? You can certainly negotiate the scope of the clause with your former employer so that your ability to find a similar job is not too restricted. If your employer insists upon a non-compete that is too strict, you should consider whether the severance amount being offered is worth the loss of freedom for your future job hunt.

This is a very common concern, especially as more employers implement digital oversight tools. Generally speaking, a company can legally monitor and restrict employee internet usage through an Acceptable Use Policy (AUP), provided certain conditions are met. 1. Private Employers Have Broad Discretion In most states, private-sector employers are allowed to monitor internet usage on company-owned systems and networks, including: Websites visited Emails sent and received via company email Time spent online during working hours Downloads or uploads of content As long as the company owns the devices or network being used, courts typically uphold their right to control and monitor usage—especially when the employee has received advance notice through a written policy like an AUP. 2. Employees Have Limited Expectation of Privacy at Work Courts have generally held that employees do not have a strong expectation of privacy when using employer-provided devices or networks. However, an employer should: Clearly inform employees of monitoring in writing Apply the policy consistently across the workforce Avoid overreaching into private communications (e.g., personal email on personal devices) 3. Content Filtering and Restrictions Are Permitted Employers can legally block or restrict access to websites that: Are unrelated to work (e.g., social media, video streaming, shopping) Pose security risks (e.g., downloading pirated software) Violate workplace policies (e.g., inappropriate or offensive material) 4. Federal and State Considerations While there are few federal laws restricting workplace internet monitoring, employers must still comply with laws such as: The Electronic Communications Privacy Act (ECPA) – allows monitoring of communications when done in the ordinary course of business or with employee consent State privacy laws – some states may have broader protections; however, most defer to employer rights on company property What You Can Do: Review the AUP carefully to understand what is being monitored and why Confirm whether you acknowledged the policy in writing If you are concerned about overreach, you may want to speak with HR or request clarification about what personal activity (if any) may be affected If you would like assistance reviewing the policy for reasonableness or compliance with state and federal law, I’d be happy to help.

In Washington, there are no punitive damages. Employment resolutions are usually based on some percentage or multiple of a person's salary. It is your job to reach a settlement that is fair and reasonable for you, not for a litigant against you (that's their job, not yours). If you are having difficulty resolving this dispute, you may want to consider mediation. Before you pay the employee, be sure to have them sign a full and complete release of all current and future liability and claims against you individually, your business, your heirs; etc. Also, if you have business insurance, it's possible you are entitled to a free attorney to represent you in this dispute.

It is hard to say what your rights and obligations are under that separation agreement without seeing it as all agreements and the obligations contained within them are different and could impact you in various ways.

My answer depends on many factors. First, if you are an "at will" employee (no employment contract), the employer can fire you for zero reason and with zero notice, and you have no rights unless you can prove that the employer is violating state or federal law (such as firing you for illegal discriminatory reasons, for submitting a safety complaint, or something similar). If you do have an employment contract, or possibly if you are 40 or older, you have the right to be given 21 days to review a severance proposal. I suggest that you submit a proposal here on Contracts Counsel, with a short turnaround, and ask an employment attorney to review the proposal and your employment situation with you. I generally engage in this sort of review myself, but, unfortunately, am not available until the end of January. Another option is to find an attorney through this national employee's attorney organization: NELA.org In either case, prepare yourself to pay $300 - $500 for a thorough review and discussion. Good luck to you.