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Retention Agreement vs. Severance Agreement: Where do Releases Fit in? Part 2

Hopefully you have read our prior blog that is titled “Retention Agreement vs. Severance Agreement: Where do Releases Fit in? Part 1.” If not, you may want to refer to it before continuing with this blog. Below are a few pointers on what to look for when you are presented with a retention agreement that […]

Retention Agreement vs. Severance Agreement …. and Releases: Part 1

An increasing number of employers are using retention agreements to retain their key employees during times of transition or insecurity. At its most basic level, a retention agreement is simply the employer saying, “if you stay, we will pay.” In other words, the employer agrees to pay the employee a certain sum of money if […]

Tips for Negotiating your Retention Agreement

If you are being offered a retention agreement by your employer, it is important to focus not only on the rewards being offered (salary, benefits, bonus, etc.), but also the risks (restrictions on your employment autonomy). Many people do not think about how a retention agreement can restrict their freedom. A retention contract should be […]

Is it Necessary for an Attorney to Draft your Legal Documents?

We all have heard that attorney’s fees are costly, so it is normal to wonder if you actually need a lawyer to draft your legal documents. There is no mandate that your documents be drafted by a lawyer, but if saving money is what you are concerned about, the money you spend upfront to protect […]

Keeping a Business Afloat During Hard Times

Many businesses, big and small, are facing difficult times right now. The Covid-19 pandemic has caused financial challenges, which business owners are having to figure out how to handle. Although every company is different, there are a few general guidelines for how your business can weather the storm: ● Examine Strengths and Weaknesses, Make Adjustments […]

Are You Prepared to Handle a Lawsuit?

Whether you own a small business or a large company, it is likely that at some point you will have to deal with at least one lawsuit. If you are faced with litigation, it is essential to be proactive in preparing your side of the case. Below are a few tips for how you should […]

Retention, Severance & Waivers – Read Your Documents Carefully

If your employer presents you with a retention agreement and it contains waivers of claims, consider the following: ● Your employer is presenting you with the contract because you have something they want. This typically gives you leverage to negotiate the contract and obtain more favorable terms than what is being offered. An experienced attorney […]

Retention Agreements v. Severance Agreements

The use of retention agreements is becoming more popular with employers during periods of insecurity, including mergers and acquisitions. The primary point of retention agreements is the employer pays for the employee to stay. In other words, the employee agrees to remain as an employee for an agreed upon period and, in return, the employer […]

Damages Recoverable in a Breach of Contract Lawsuit

When you enter a contract with another party, the signed document sets forth the obligations of each party and provides protections if one of the parties breaches the agreement. The breach of the contract can cause considerable problems for the other party, so the law provides that certain damages or losses can be recovered by […]

What is Breach of Fiduciary Duty?

If your company uses external resources to provide advice and assist in growing your business, these sources are often called “fiduciaries” and they have an obligation to the company to act in its best interests. Your company is called the “beneficiary,” and it is entrusting its well-being to the fiduciary. Common examples of fiduciaries that […]