Contracts Lawyers for Charlotte, North Carolina

In most cases, a severance agreement will have a confidentiality provision included. However, even if there is a confidentiality agreement, there are some instances where that confidentiality may be broken. For instance, in the case of a court order requesting the release of information or a government agency, such as the IRS or the state taxing or unemployment office, an employer may have to release information. There are also laws that prohibit the release of certain private information. In your case, it sounds as if your employer didn't include a confidentiality provision in the severance agreement, and for contracts, the general rule is that if a provision isn't included in the contract, it's not included in the contract. That being said, you may want to contact the employer and ask what the employer's policy is regarding the release of information to potential employers that you may be seeking to work with. There are also two laws that you may want to consider speaking to a NC-licensed attorney about. They are the following: 1.§ 1-539.12. Immunity from civil liability for employers disclosing information. "(a) An employer who discloses information about a current or former employee's job history or job performance to a prospective employer of the current or former employee upon request of the prospective employer or upon request of the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure." 2. § 14-355. Blacklisting employees. "If any person, agent, company or corporation, after having discharged any employee from his or its service, shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent or corporation shall be guilty of a Class 3 misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00); and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action. " You can find more detailed information here: Source - https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/job-reference-and-0 You can also learn more about me here: www.sheliahugginslaw.com www.facebook.com/sheliahugginslaw www.instagram.com/mslegalista www.youtube.com/mslegalista

It depends on the industry and complexity of the purpose of the agreement.

In North Carolina, there are numerous potential pitfalls for independent contractor agreements. A few general pitfalls include: 1. Classification: An independent contractor agreement should properly establish that the relationship is intended to be an independent contractor relationship (not an employment relationship). The agreement should include terms and conditions that make the intended nature of the relationship absolutely clear. 2. Compensation: An independent contractor agreement should properly address the contractor's compensation. The agreement should not include references to terms typically reserved for employment relationships (like "salary" or "exempt/non-exempt"). 3. Control: An independent contractor agreement should demonstrate that the hiring party will not control the contractor like it would an employee. The agreement should not include terms and conditions that unlawfully or unnecessarily limit the contractor's rights (like the right to provides services to other clients to generate independent income). 4. Criteria/Qualifications: An independent contractor agreement should establish that the contractor is qualified to provide the services "independently" i.e. without the hiring party providing training or supervision. The agreement should not include terms and conditions that demonstrate an improper degree of control (like probation, performance reviews, or discipline). There are also pitfalls that are based on such factors as the industry or nature of the hiring party's business, the nature of the services the contractor will be performing, or the nature of the relationship between the parties. To be fair and equitable, an independent contractor agreement must respect the various laws governing independent contractor relationships. For example, a worker should not be required to accept a role as an "independent contractor" if the hiring party intends to control the worker like an employee. A North Carolina attorney who is knowledgeable of independent contractor relationships can assist with an independent contractor agreement. Consult with a knowledgeable attorney to help ensure you avoid some common pitfalls in independent contractor agreements.

Yes, they can, depending on how they’re written. Generally speaking, a promise to enter into an agreement isn’t binding. But the problem with most Letters of Intent is that they can sometimes contain all of the essential elements of a contract: offer, consideration, demonstration of capacity, and contracting for something it’s legal to contract for. So how is a Letter of Intent NOT a contract? You have to remove one of the elements, usually the offer or consideration. It has to say that it’s not an offer, for example - that it’s a negotiation document. And 99/100, LoI’s don’t say that at all.

There are no set fees that are in an independent contractor agreement. Generally, what is covered are the fees or costs associated with the work or project and they may also include expenses incurred related to the work or project, such as travel and/or accommodations.