Employment Lawyers

No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.

A covenant not to compete (AKA "non-competition clause," "non-compete clause," or simply "non-compete") is a special contract term often found in employment agreements. However, not all jurisdictions allow non-competes in employment agreements. Additionally, to be valid/enforceable, a non-compete must be narrowly tailored to a legitimate business interest. An employee who has concerns about the validity/enforceability of a non-compete, or about specific rights and obligations under a non-compete, should consider speaking with a knowledgeable attorney.

Hi there, In California, workers are presumed to be employees UNLESS a company can prove ALL THREE of the following: 1) Control: Worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; 2) SCOPE: The worker perform work that is outside the usual course of the hiring entity's business; and 3) TRADE: The worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed. AB5 does list occupations that are exempt from the test above but your occupation isn't one of them. I would need more information to give you legal advice but based on your question, you will not likely be able to have them as independent contractors.

In an asset purchase agreement (APA), careful consideration is given to managing employee benefits. The agreement outlines whether the buyer assumes responsibility for continuing specific benefits post-closing, addresses accrued employee benefits, and establishes a clear process for notifying employees of changes. Legal compliance with employment laws, due diligence on existing benefit plans, and provisions for the transfer of benefits are crucial. The APA also covers communication strategies, severance agreements, and adjustments to employee handbooks, ensuring a comprehensive approach to employee benefit management during the transition.

A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.