Recent Answers to Employment Law Questions

Demetre K.

Answered Feb 27, 2026

The short answer is that they probably can. Colorado is an at-will employment state, meaning your employer can generally change the terms of your employment, including your termination date, at any time and for any lawful reason. Since the agreement is marked "draft" and hasn't been signed by either party, there is no binding contract locking in that May end date. That said, this is the general rule. If you have an employment agreement, offer letter, or other written documentation that guarantees a specific termination date or notice period, that could change the analysis. You would want to review any such documents carefully to confirm whether your employer has already committed to specific terms. There are also some important protections worth knowing about in this context: If you are 40 years of age or older and the severance agreement asks you to waive age discrimination claims under the Age Discrimination in Employment Act (ADEA), your employer must comply with the Older Workers Benefit Protection Act (OWBPA). Among other things, the OWBPA requires that you be given at least 21 days to review and consider the agreement before signing, or 45 days if you are being terminated as part of a group layoff or reduction in force. You also get a 7-day revocation period after signing during which you can change your mind. Here is the part that may relate to your question: if your employer makes a material change to the agreement, such as moving up your termination date, the review period starts over. So even if you have been sitting with the draft for a couple of weeks, a revised version with a new termination date would likely give you a fresh 21 or 45 day window to consider the updated terms. ***This response is for general information purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney.***

Mark D.

Answered Feb 27, 2026

Typically an employer can change the date subject to it being an untrue statement.

Stephen R.

Answered Feb 13, 2026

Sure. It’s wise to have an attorney review any correspondence you’d send to an adversary you’re contemplating legal action against and it is often the case that such a letter when issued on an attorney’s letterhead triggers a response. That said, employment law is tricky since MA is an at will state meaning an employer can terminate for any reason at all outside of racial/sex/orientation bases or retaliation . Obviously there are nuances, but these are the broad strokes.

Randy M.

Answered Sep 14, 2025

When you’re hiring an employee who will have access to sensitive business information, a well-drafted Confidential Information Release Agreement (often structured as a Non-Disclosure Agreement or NDA) is one of the strongest safeguards you can put in place. The enforceability of the agreement depends on how precisely it’s written, so each section should be thought through carefully. Definition of Confidential Information The agreement needs a definition that’s broad enough to cover your key assets but specific enough that a court will enforce it. A good approach is to use examples followed by a catch-all phrase. For example, you might list customer lists, financial records, pricing models, marketing plans, source code, prototypes, supplier agreements, and employee data, and then add a general clause covering “any other information, whether written, oral, or electronic, that is not generally known to the public and provides the company with a competitive advantage.” Many agreements also provide that information is confidential if it’s marked as such or if a reasonable person would recognize it as confidential under the circumstances. Employee Obligations The employee’s duties should be spelled out in plain terms. They must not disclose the information to anyone outside the company without written approval. They should only use the information as needed to perform their job and for the benefit of the company. They also need to take reasonable precautions to protect the information, such as safeguarding passwords, not discussing matters in public places, and securing documents just as they would their own personal records. Exclusions from Confidentiality An agreement that doesn’t carve out reasonable exclusions is more likely to be struck down. Standard exceptions include information that is already public, information the employee had before joining the company, information developed independently without relying on the company’s resources, information legitimately obtained from another source, and disclosures that are required by law or court order. If disclosure is legally required, the employee should be obligated to give the company prompt notice so it has a chance to intervene. Duration of Obligation The confidentiality period depends on the nature of the information. For trade secrets, the obligation should last as long as the information qualifies as a trade secret. For other sensitive but non-secret information, it’s common to set a post-employment period of two to five years. Courts tend to find these durations reasonable. Return or Destruction of Information When employment ends, the agreement should require the employee to return or destroy all materials containing confidential information, whether in paper or digital form. It’s also wise to require the employee to confirm in writing that they’ve returned or deleted all copies, including notes and stored electronic files. Remedies for Breach To protect your position in the event of a violation, include provisions for injunctive relief, damages, and attorney’s fees. Injunctive relief allows you to seek a court order stopping the misuse immediately, without waiting for a damages trial. Attorney’s fee provisions are enforceable in many jurisdictions and can deter breaches, though you’ll want to confirm enforceability under your state’s law. Whistleblower Immunity Notice Federal law requires that you include specific language from the Defend Trade Secrets Act of 2016. This notice protects employees from liability if they disclose a trade secret in confidence to a government official or attorney for the purpose of reporting or investigating suspected legal violations. If you leave this out, you lose the ability to seek exemplary damages or attorney’s fees in a federal trade secret case against that employee. General Provisions Rounding out the agreement with standard contract clauses improves enforceability. Common provisions include governing law (which state’s law applies), severability (invalidating one clause doesn’t void the entire agreement), no waiver (failure to enforce once doesn’t waive rights later), and entire agreement (confirming that the NDA overrides prior understandings about confidentiality). Get Professional Help Protecting Your Business Protecting confidential information is vital when hiring new employees, and the strength of your agreement depends on getting the details right. The business attorneys on Contracts Counsel are available to draft, review, and tailor your confidentiality agreement so it’s enforceable in your state and aligned with your company’s needs.

Randy M.

Answered Sep 14, 2025

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.

Gary S.

Answered Sep 8, 2025

Hello and thank you for the opportunity to respond to this very important question. Here’s is a general breakdown of the situation from a legal perspective: 1. Is a verbal job offer binding? General rule: Employment in most U.S. states is “at-will.” This means either the employer or the employee may terminate the employment relationship at any time, for almost any reason, unless a contract specifies otherwise. A verbal job offer can sometimes create a contract if its terms are clear and definite (position, compensation, start date, etc.), but enforcing it is often difficult—especially if it’s for at-will employment. Courts usually distinguish between "an enforceable contract" (rare in at-will employment unless specific promises are made) and "a preliminary negotiation" (not enforceable). 2. Legal claims that might be available You likely do not have a straightforward breach of contract claim unless there was a definite term of employment promised (e.g., “we guarantee you 12 months of work at X salary”). However, there are a couple of possible avenues: Promissory Estoppel (Reliance): If you reasonably relied on the promise of employment (e.g., quit a stable job, relocated, incurred expenses), and suffered damages as a result, some courts allow recovery under promissory estoppel. This doesn’t force the employer to hire you, but may entitle you to compensation for losses caused by reliance. Fraud / Misrepresentation: If the employer knew at the time of the offer that there was no budget (or never intended to hire), you might argue fraudulent inducement. This is difficult to prove but can apply in bad-faith scenarios. State Law Protections: A few states have stronger protections for employees in this position. For example, California courts have sometimes allowed damages for reliance even when employment is at-will. Other states may not. 3. Practical considerations If the employer rescinded the offer quickly due to genuine budget issues, courts often see that as within the scope of at-will employment. However, since you gave notice and are now unemployed, "promissory estoppel" may be the most viable theory. The potential recovery is generally limited to the losses incurred (e.g., lost wages during the unemployment period, moving expenses), not the value of the job itself. You may also want to explore negotiating severance-type compensation from the employer as a goodwill measure (sometimes companies will do this to avoid litigation or reputational harm). Disclaimer: This response is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by this communication. Laws vary by jurisdiction, and you should consult with a qualified attorney in your area for advice regarding your specific situation.