Employment Lawyers for Raleigh, North Carolina

While having a criminal conviction may negatively impact your eligibility for a license, it depends on the specifics of your case. Licensing boards typically evaluate the nature of the offense, how much time has passed since the conviction, and whether the offense is substantially related to the duties of the profession. A non-violent offense from several years ago may not be a barrier to licensure, especially if there is evidence of rehabilitation, there is no subsequent criminal history, and the crime is not substantially related to the purpose of the license. Many jurisdictions have adopted laws or policies aimed at reducing the impact of old or unrelated convictions on occupational licensing decisions. Boards often conduct individualized assessments and may consider factors such as your conduct since the offense, completion of sentencing terms, letters of recommendation, and your overall fitness to practice in the profession. A North Carolina-licensed attorney may be best suited to answer the specifics with regards to your license in North Carolina. If you are concerned about how your record might affect your application, it may be wise to review your criminal history, gather supporting documentation showing rehabilitation, and consult an attorney familiar with occupational licensing in your state. In some cases, I recommend pursuing an expungement or record sealing may also improve your chances in the future.

Generally speaking, an employee separation agreement should address rights, responsibilities, and restrictions. As applicable, this typically includes pay and benefits (such as final pay, severance pay or garden leave pay, COBRA, 401K, and stocks); return of company property; release of claims; and restrictive covenants (such as non-competition, non-disclosure/confidentiality, and non-disparagement). The agreement may also include other agreed-upon or required terms (such as eligibility for rehire and reference to the Age Discrimination in Employment Act/Older Worker Benefit Protection Act). This is just general guidance, as what is most appropriate for an employee separation agreement varies depending on specific circumstances.

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.

While it may seem convenient to offer a consulting arrangement as part of the separation agreement, it is usually better to have the separation agreement completely detached from the consulting agreement. The separation agreement should focus on issues pertaining to the former employment, including pay, confidentiality of trade secrets, return of employer property, etc. The new consulting agreement should look forward, establishing the expectations between the party. If the separation and consulting agreements are in one agreement, there is an increased likelihood of confusion between the old job and the new job.

Generally, a physician employment agreement contains most of the same terms as any other employment agreement. However, some of the terms must be tailored to the role. Additionally, the agreement may contain terms that are specific to the physician role. Below are some key terms in physician employment agreements: License and Continuing Education - By law, to be a physician, an individual must obtain a professional license and then must earn continuing education credits to retain the license. Most physician employment agreements address these requirements, including such factors as whether the employer or the employee is responsible for the costs associated with compliance. Privacy and Confidentiality - Physicians have more privacy and confidentiality obligations than the typical employee. For example, a physician must comply with the Health Insurance Portability and Accountability Act ("HIPAA"). Physician employment agreements commonly address standards regarding patients' information, as well as the employers' proprietary information. Special Restrictions - Due to the nature of the physician role, employers might prohibit their physician employees from providing physician services elsewhere ("non-competition agreement"). Also, some might prohibit their physician employees from soliciting patients to receive physician services elsewhere ("non-solicitation agreement").   Special considerations - Further, as applicable, physician employment agreements will detail any special considerations for the role, such as stock options, relative value unit ("RVU") expectations, or volunteering, teaching, or scholarship requirements.