Employment Lawyers for New Hampshire

There are two main types of Severance Agreements. One is signed at the beginning of an employment relationship and the other is signed at the end. When a Severance Agreement is signed at the beginning of an employment relationship, "severance" is what the employer promises to pay (above and beyond the employee's regular wages) when employment terminates i.e. when the parties "sever" ties. The sum of severance pay is typically calculated by how long the employee had been employed by the company at the time of separation. Before signing this type of Severance Agreement, a prospective employee should be sure that it clearly defines all the important terms and conditions. For example, the Severance Agreement may address how long the employee must be employed to become eligible for severance pay, how long after termination the severance pay will be paid, whether severance pay will be paid in a lump sum, and what could cause the employee to forfeit severance pay.

Whether a non-competition agreement remains enforceable if you’re terminated without cause depends on both the language of your contract and the law of the state that governs it. Termination without cause doesn’t automatically make a non-compete void, but courts often treat it as a factor in deciding whether enforcement is fair. Courts generally apply a “reasonableness” test to non-competes. To be enforceable, the restrictions must be narrowly tailored in duration, geographic scope, and the type of work restricted, and they must protect a legitimate business interest like trade secrets, confidential information, or customer goodwill. If you’re let go through no fault of your own, many courts are skeptical of an employer’s claim that preventing you from working elsewhere is necessary. For example, judges may ask why an employer who voluntarily ended the employment relationship should still be able to limit your ability to earn a living in your field. The outcome varies widely by state. California, Oklahoma, North Dakota, Minnesota, and Washington, D.C. prohibit most non-competes outright. Massachusetts allows them but requires employers to pay “garden leave” or other compensation during the restricted period, and generally doesn’t allow enforcement against employees who were laid off or terminated without cause. Illinois and Colorado enforce non-competes only if income thresholds and notice requirements are met. In New York, the law isn’t settled: some courts uphold non-competes even after termination without cause if they’re otherwise reasonable, while others strike them down as unfair. Texas courts often enforce non-competes if they meet statutory requirements, regardless of whether the employee resigned or was terminated without cause. The Federal Trade Commission tried to ban most non-compete agreements in 2024, but a federal court struck down the rule before it took effect, and the FTC has since abandoned its appeal. There’s no federal ban in place today, although the FTC is still targeting abusive non-compete practices on a case-by-case basis. The exact wording of your contract also matters. Some non-competes say they apply only if you resign or are terminated for cause. Others apply regardless of how the employment ends. If your agreement doesn’t address termination scenarios, a court will fall back on state law and the reasonableness test. If there’s no compensation provided during the restricted period or if the restrictions are overly broad, you’ll have a stronger argument that enforcement is unreasonable. Non-compete agreements turn on the details of both the contract and the law in your state. The emplyment law attorneys on Contracts Counsel can review your agreement and advise you on whether its terms are enforceable given your specific circumstances.

Confidentiality clauses are becoming regulated by the various states. At a minimum, your clause (regardless of what it says) will not prevent you from talking to a lawyer or to government officials.

There are a number of issues in such agreements. You are probably an employee rather than a contractor of the provider.

The short answer is: likely yes. A contract is such that there has to be a "meeting of the minds" as to the terms of contract. Understanding that you were under some pressure from your employer to sign, there is likely a provision that says you read and comprehended the contract overcoming the argument that you did not understand. There are sometimes options to avoid the arbitration clauses, but they are state and contract specific. If the time comes when you think the arbitration clause is going to be trigger, speak with a local employment lawyer to figure out how to pull that trigger. Good luck.