Employment Contract Law

Why Employment Contracts Matter

Employment contracts are more than just formalities—they are the legal foundation of the employment relationship. They define roles, responsibilities, compensation, and expectations. A well-drafted employment agreement protects both employers and employees from misunderstandings, disputes, and costly litigation.

At Angiuli & Gentile, LLP, we help our clients proactively manage risk by ensuring their employment contracts are clear, enforceable, and compliant with applicable laws. Whether you are a business owner preparing to onboard a new employee or an executive negotiating your next employment package, our attorneys deliver practical, strategic guidance at every stage of the employment lifecycle.

Our Employment Contract Services

Our law firm provides comprehensive legal services related to employment agreements, tailored to the unique needs of our clients. We serve both employers and employees, providing nuanced insight into each party’s legal rights and obligations.

Contract Drafting and Structuring

For Employers:

We draft customized employment contracts that align with your business goals, legal obligations, and industry standards. Each agreement is tailored to the specific position, addressing not only the essential terms such as compensation and duties, but also advanced clauses that reduce the risk of future disputes.

For Employees and Executives:

We provide a thorough review of contracts before signing, identifying problematic terms and negotiating favorable language. Our goal is to protect your professional interests and avoid common pitfalls such as restrictive covenants or poorly defined performance clauses.

Key elements we include or review:

1. Base salary, commission, bonuses, and equity compensation
2. Duration of employment (at-will vs. fixed-term)
3. Termination rights and severance terms
4. Job descriptions and performance expectations
5. Non-disclosure, non-solicitation, and non-compete provisions
6. Dispute resolution clauses (including arbitration and venue)
7. Intellectual property ownership and confidentiality

Executive Employment Agreements

Executives and high-level professionals require carefully negotiated agreements due to the complexity and financial stakes involved. These contracts often include long-term incentives, equity interests, and restrictive covenants that affect post-employment options.

We represent:

• Executives entering new roles: Helping you negotiate severance triggers, equity options, and protections from sudden termination
• Employers hiring C-suite professionals: Drafting comprehensive, enforceable contracts that retain talent while protecting company interests

Common features of executive contracts include:

1. Deferred compensation and bonus structures
2. Change-in-control and golden parachute clauses
3. Stock options or profit-sharing arrangements
4. Customized termination provisions (cause vs. without cause)
5. Governance-related clauses for board members and officers

These agreements often carry significant tax, legal, and reputational consequences—our attorneys provide executive-level counsel at every stage.

Offer Letters and At-Will Agreements

While offer letters often appear informal, they may create binding contractual obligations. In New York, at-will employment is the default, but poorly worded offer letters can inadvertently imply fixed-term employment or promise job security that is not legally sustainable.

We assist in:

• Drafting offer letters that clarify employment status and limit unintended liability
• Reviewing offer terms for hidden risks and misleading language
• Explaining the legal difference between “at-will” and contractual employment

Typical issues in offer letters we identify include:

• Lack of clarity regarding termination rights
• Imprecise compensation terms
• Incorporation by reference of restrictive employer policies
• Promises made during hiring that conflict with written terms

Clarity at the outset of the employment relationship prevents future confusion or litigation.

Restrictive Covenant Agreements

Restrictive covenants are contractual clauses intended to protect an employer’s legitimate business interests after an employee leaves the company. However, they must be reasonable in scope, duration, and geographic reach to be enforceable in New York courts.

We handle:

1. Drafting non-compete and non-solicitation agreements that meet legal scrutiny
2. Challenging overly broad or punitive covenants on behalf of employees
3. Litigating the enforcement of restrictive clauses in state and federal court
4. Advising employers on how to protect trade secrets and client relationships
5. Evaluating enforceability in multi-state or remote work contexts

Types of restrictive covenants we handle:

• Non-Compete Clauses: Limit a former employee from working in a competing business
• Non-Solicitation Clauses: Prevent solicitation of customers, clients, or employees
• Confidentiality Clauses: Protect sensitive proprietary or client information

We also advise employers and employees navigating recent regulatory developments, including proposed federal restrictions on non-compete clauses and evolving state-by-state limitations.

Severance Agreements and Termination Packages

Severance agreements often contain legal release language and post-employment obligations that can significantly affect future employment, legal rights, and financial benefits. Whether you are an employer offering a package or an employee considering acceptance, these agreements should be reviewed by legal counsel.

We assist clients in:

1. Drafting severance agreements that limit liability and avoid legal disputes
2. Reviewing and negotiating severance terms for departing executives and professionals
3. Ensuring compliance with laws such as the Older Workers Benefit Protection Act (OWBPA)
4. Negotiating continuation of health benefits, retirement contributions, and COBRA coverage
5. Identifying and revising overly broad waivers or restrictive post-employment obligations

An improperly handled termination or poorly drafted severance agreement can lead to discrimination claims, wrongful termination lawsuits, or breach of contract disputes. We help our clients exit the employment relationship cleanly and confidently.

Arbitration Clauses and Dispute Resolution

Many employment contracts now include mandatory arbitration clauses that waive an employee’s right to file lawsuits in court. While arbitration can be faster and more private, it often limits discovery rights and appeal options, which may favor employers.

We help clients:

• Assess whether an arbitration clause is legally enforceable
• Challenge unfair arbitration requirements or procedural limitations
• Represent clients in employment arbitration proceedings under AAA, JAMS, or private forums
• Negotiate dispute resolution clauses during contract negotiation

Employees should never agree to binding arbitration without first understanding the potential consequences. Our attorneys ensure you make informed decisions about your legal options in the event of a dispute.

Breach of Contract and Employment Litigation

Disputes may arise from allegations of breach, wrongful termination, or the enforcement of restrictive covenants. Whether you are an employer facing a claim or an employee whose rights have been violated, Angiuli & Gentile, LLP provides aggressive legal representation in employment contract disputes.

We represent clients in:

1. Breach of employment contract claims, including non-payment of wages, commissions, or bonuses
2. Wrongful termination claims based on violation of contract terms
3. Enforcement or defense of restrictive covenants and IP protections
4. Trade secret misappropriation and breach of confidentiality
5. Contract interpretation disputes, particularly involving executive agreements

We seek to resolve disputes through negotiation or mediation when possible. However, when litigation is necessary, we are prepared to pursue or defend claims in state or federal court with precision and professionalism.

Who We Represent

We provide representation to a broad range of clients, including:

Employers:

1. Startups and small businesses
2. Midsize and large corporations
3. Nonprofits and educational institutions
4. Medical practices and healthcare providers

Employees & Executives:

1. C-level executives and managers
2. Physicians and healthcare professionals
3. Financial service professionals
4. Legal and compliance officers
5. Creative professionals and consultants

Our approach is always tailored to your industry, employment level, and personal or business objectives.

Jurisdiction-Specific Experience

Our attorneys understand the critical role that location-specific laws play in employment contract enforcement. While New York generally upholds at-will employment, there are important exceptions and evolving legal standards that must be considered in every agreement.

We regularly counsel clients on:

• New York’s standards for non-compete enforceability
• NYC-specific rules on freelance contracts and paid sick leave
• Multi-state employment agreements for remote or hybrid workers
• Differences in enforcement between New York and California
• Applicability of federal regulations on arbitration and trade secrets

Every word in your agreement matters. We ensure the language used complies with the latest legal developments and regional enforcement practices.

Frequently Asked Questions

Is every employment agreement legally binding?
Not necessarily. Contracts must meet basic legal requirements and cannot contain unenforceable or unconscionable clauses. Our attorneys can evaluate whether your agreement will hold up in court.

Can I negotiate my employment agreement before signing?
Yes, particularly for executives or professionals with specialized skills. We assist with strategic negotiation of salary, severance, equity, and restrictive clauses.

What happens if my employer breaches the agreement?
You may be entitled to damages, including lost wages or benefits. We can evaluate your case and determine whether a breach of contract or wrongful termination claim is appropriate.

What should I look for in a severance agreement?
Watch for waiver language, restrictive clauses, and limits on future legal action. Never sign without having an attorney review the terms.

Are non-compete clauses enforceable in New York?
Yes—but only under specific conditions. The clause must protect a legitimate business interest, be reasonable in scope, and not impose an undue hardship on the employee.

Why Clients Choose Angiuli & Gentile, LLP

1. Deep Employment Law Experience: Over three decades of experience serving employers and employees across all five boroughs of New York.
2. Balanced Perspective: We represent both sides of employment law disputes, giving us unmatched insight into how each party thinks and negotiates.
3. Local Insight, National Scope: We understand the unique requirements of New York and New Jersey employment law, while also working on agreements involving multiple jurisdictions.
4. Strategic, Personalized Legal Service: We tailor every contract, strategy, and negotiation to your specific goals—not a template.
5. Litigation-Ready Representation: If a dispute arises, we are prepared to defend or enforce your rights in any legal forum.

Contact Angiuli & Gentile, LLP Today

If you are preparing to sign, negotiate, draft, or dispute an employment agreement, don’t take risks with your legal rights or future compensation. Speak with our qualified employment attorney at Angiuli & Gentile, LLP today.

We proudly serve clients throughout Staten Island, Brooklyn, Manhattan, and the entire New York City metropolitan area.