At Hanlon Niemann, we handle cases related to most employment and labor matters, representing both employers and employees of businesses throughout the state of New Jersey.
The firm prepares and reviews employment contracts, severance agreements, non-compete covenants, and compensation claims. We also deal with cases involving discrimination, sexual harassment, wrongful discharge, whistleblower, and other types of claims.
TESTIMONIAL
I didn’t know who to turn to for legal advice. There are so many lawyers, but who was the right one for me? I wanted someone who would listen to me and someone I could afford. I knew I couldn’t afford to be without an attorney and then I remembered an old cliché...”you get what you pay for”. But there can be a difference between high price and high value. With Fredrick P. Niemann, I got a terrific attorney who really worked with me. He was with me every step of the way. His fees were fair and our interpersonal relationship great. I would recommend Fredrick P. Niemann to anyone who wants a caring attorney.
—Josephine Pysniak, Woodbridge, NJ
TESTIMONIAL
Fredrick P. Niemann represented me in a shareholder dispute. My calls and e-mails were promptly returned and my questions were thoroughly answered. I appreciated the frequency of their communication to me about my case and their sympathetic concern.
—Helen Eberle, South River, NJ
TESTIMONIAL
I own several small businesses. I’m good at what I do but legal matters and dealing with lawyers and legal issues is stressful. I called Fredrick P. Niemann and have developed a great relationship with his lawyers and staff. They have reviewed my leases, negotiated the buyout of my former business partner, handled land use problems in a neighboring county and generally have really been there for me. I really like them personally and professionally. If you are a small business owner, give them a call.
—Mike Halsey, Middletown, NJ
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Severance Packages in Their Use in
the New Jersey Business Environment
Using a Severance Package to Protect an Employer or Employee Against Future Claims
Today’s business climate has necessitated unprecedented layoffs, furloughs and firings.
Both the business employer and employee should usually have a proposed severance package reviewed by an experienced and knowledgeable NJ business employment law attorney. As an employee, you may be waiving claims you are not aware of, and more importantly, are not required to waive. As an employer in NJ, you may not be addressing key issues to avoid a future lawsuit by a former employee. A proper evaluation of the circumstances surrounding an employee’s termination or separation will reveal that it may be more appropriate to pursue legal recourse instead of waiving potential claims.
Severance packages are being offered by NJ business employers more and more these days for many reasons, including litigation avoidance, prevent adverse publicity, prevent employees from diverting present clients, a general company policy of fairness, or because a company is obligated by contract or handbook. As an employee, you may be acquiring new and unfair obligations as a result of signing a severance agreement.
When you need assistance with a contemplated severance policy for your NJ company or the preparation and/or review of a severance agreement given to you by your employer, our firm is here for you. Contact Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com, or call him today toll-free at (855) 376-5291.
NJ Non-Compete Agreement Attorneys
When you are a business employer, you often spend countless hours training your employees. How do you protect your business from these employees leaving the job and then using the information you’ve given them against you? As an employee, what do you do if you boss tell you to sign a non-compete agreement or else you will be "fired”? What if the non-compete agreement your boss gives you is overly broad and unreasonable? Please visit our website covenantnottocompeteinnj.com.
In New Jersey, a properly drafted non-compete agreement can protect your business from employees using or sharing your proprietary or confidential information with your competitors. These agreements must be appropriately constructed, however. Employees of NJ businesses have the right to refuse an unreasonable covenant, along with unconscionable employee restrictions. At Hanlon Niemann, our knowledgeable attorneys advise both employers and employees as to the legal aspect of non-compete agreements, helping them to avoid problems that may result in legal action down the road.
Enforcing a Non-Compete Agreement as a Business in New Jersey
Non-compete agreements, when properly drafted, are enforceable under certain circumstances in New Jersey and can assist in protecting your business from any employee who seeks to provide confidential or proprietary information to a competitor or who seeks to join a competitor and use your information against you. New Jersey courts will typically enforce non-compete agreements that meet the following criteria:
1. Protects a legitimate business interest;
2. Does not deprive the employee of the right to earn a living;
3. Does not impose unreasonable geographical limitations on
the employee; and
4. Does not remain in effect for an unreasonable amount of time.
As an Employee in New Jersey, Should You Sign a Non-Compete Agreement?
Call us right away. Not all employees should be asked to sign a non-compete agreement. Employees who are not upper management in a NJ business do not have a unique function in the company typically should not be asked to sign since it is difficult to establish a legitimate business purpose in doing so and may prevent the individual from being able to make a living.
Additionally, if you are an employee who has already been working at a business for months or even years and is asked to sign a non-compete, is it enforceable? A non-compete, like any contract, is not enforceable without offering any new compensation or benefit to the employee for signing it. It is important to remember enforceability will depend in part on whether or not a restrictive covenant serves an essential or important corporate interest for the employer and whether some sort of compensation (financial or other) has been given. As an example, asking the President of the company or a key upper management person to sign a non-compete agreement is different than asking a clerical staff person to sign a non-compete; the former can leave the job and find non-competing employment and has access to important private corporate information whereas the latter, in most cases, is not. If an employee is asked to sign a non-compete after they have started work at a company, some sort of compensation or benefit should be offered. Please visit our website covenantnottocompeteinnj.com.
If you need advice or have questions on non-compete agreements, call Fredrick P. Niemann toll-free at 855-376-5291 or e-mail him at fniemann@hnlawfirm.com. Don’t let New Jersey’s complex employment laws keep you from exercising your rights.
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Fredrick P. Niemann, Esq.,
a NJ Business Law Attorney
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NJ Business Law Attorney serving these New Jersey Counties:
Monmouth County, Ocean County, Essex County, Cape May County, Camden
County, Mercer County, Middlesex County, Bergen County, Morris County,
Burlington County, Union County, Somerset County, Hudson County, Passaic County
New Jersey Corporation Attorney | Business Law Attorney in New Jersey |
New Jersey Corporate Law Attorney | NJ Business Attorney | NJ Business Lawsuit
Attorney | Shareholder Dispute Lawyer in New Jersey | NJ Discrimination Law Attorney
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