Whether you are a business needing assistance in drafting Employment Agreements and Severance Agreements or an employee who needs assistance in reviewing these agreements and negotiating the terms of the agreements, the Law Office of Ruth Ann Azeredo LLC has decades of experience drafting, reviewing, and negotiating these agreements. We also represent employees and businesses when disputes arise under these agreements, including bringing claims or defending claims in court or arbitration.
Speak with an experienced employment agreement attorney. Complete our online form or call (240) 734-3033 now to schedule a confidential consultation.
Employers
Often, an Employment Agreement may not necessarily be beneficial to the employer. However, in certain types of industries and for executive-level employees, it may be imperative to set out specific terms for your employee. In those situations, it is critical that you draft an agreement that avoids unenforceable and other problematic terms. For that reason, it is prudent to have an experienced attorney help you draft and/or review the agreement so as to maximize the likelihood that the terms are reasonable and not in contravention of laws or public policy.
Employment Agreements often contain restrictive language, such as non-compete, non-disclosure (NDA), non-competition, and non-disparagement clauses. Most often, these are allowed, but they must be worded so as not to impose greater restrictions than the law allows. In addition, where employers seek to have employees sign Arbitration Agreements, those must be drafted so as to comply with current law.
As an employer, you want to protect your business concerns, which is a valid and recognized goal. The delicate balance of achieving that goal but not overstepping onto employee rights is why it is important to have an experienced attorney draft or review Employee and Severance Agreements.
We Can Help You
At the Law Office of Ruth Ann Azeredo LLC, we have decades of experience drafting and reviewing these agreements and, if disputes arise, we also have decades of experience defending claims or bringing claims, both in court and in arbitration.
Employees
Though most employees are “at will,” some employees work under an Employment Agreement. When you are provided with an Employment Agreement to read, acknowledge, and sign, it is important that you understand what you are agreeing to. Most Employment Agreements include terms that will restrict what you can do while employed and after your employment ends. Many employees sign these agreements without understanding what they are agreeing to, and this can lead to serious consequences.
The restrictions imposed often include limits on what you can say about the employer, limits on what type of work you can do after leaving your employment, requirements you must meet as an employee, terms of wages and benefits, and non-disparagement requirements. Further, these agreements may include the requirement that you waive your right to go to court if a dispute arises and that any dispute that needs to be litigated occurs only in a particular location.
For that reason, you will want to take the time to understand how these terms affect you during your employment and beyond. You may want to negotiate some of these terms to limit their effect and to allow you greater freedoms after you are no longer working for that employer. To fully understand the terms, it is best to have an attorney review the agreement before you sign it.
In addition, it is not uncommon to be presented with a Severance Agreement from your employer when being terminated. Once again, it is critical that you fully understand the terms of the Severance Agreement. Most of these agreements require that you waive all known or unknown claims against the employer and include additional burdensome restrictions that may be very difficult to adhere to, especially if they are ongoing. These additional terms most often include tricky and burdensome non-disparagement clauses, non-disclosure clauses, and no rehire provisions. The remedies for breach of these agreements can be very severe, including returning all money paid to you under the agreement. Further, most often, these agreements require you to pay attorney fees and costs if the employer prevails in a claim against you.
At times, Severance Agreements will contain illegal restrictions or overreaching terms. In light of the seriousness of these terms and the long-term effect they will have on you, it is important to have an attorney review the Severance Agreement and, if needed, help you negotiate terms that are more beneficial to you. Ultimately, what is important is that you understand what the terms require you to do.
We Can Help You
At the Law Office of Ruth Ann Azeredo LLC, we have decades of experience reviewing Employment Agreements and Severance Agreements and negotiating terms on your behalf as an employee. Where disputes arise from these agreements, we can bring claims on your behalf or defend them in court or arbitration.
How We Review And Negotiate Employment And Severance Agreements
When you contact our office about an Employment Agreement or Severance Agreement, we follow a structured process so you know what to expect at every stage. We begin by listening to your goals and concerns, whether you are an employer looking to protect a business or an employee trying to safeguard a career. We then review the agreement line by line, flagging provisions that are unclear, unusually broad, or inconsistent with Maryland or federal law. This careful review allows us to explain, in practical terms, how the agreement may play out if a dispute arises later.
After this initial review, we discuss options for revision or negotiation that are realistic in your situation. For employers in Annapolis and throughout Maryland, that may mean revising template language, creating different versions for different roles, or preparing talking points for discussions with key employees. For employees, we help you prioritize which terms matter most to you, such as the duration of a non-compete, the scope of a non-disparagement clause, or the timing and amount of severance payments. We also talk about the best way to raise these issues with human resources or company counsel so that you can advocate for yourself in a professional and constructive way.
Because our practice includes both employment and business law, we are familiar with how these agreements are interpreted in courts such as the Circuit Court for Anne Arundel County and in arbitration forums. That experience informs the advice we give about risk and leverage, and it helps us identify provisions that are likely to be challenged. Throughout the process, you work directly with an attorney, not just staff, so your questions are answered promptly, and you receive candid feedback about the strengths and weaknesses of your position. Our goal is to help you make informed decisions under often stressful timelines, not to push you toward any one outcome.
Work with a seasoned employment agreement lawyer in Annapolis to protect your interests. Submit our online form now to get started.
Frequently Asked Questions
When Should I Have An Attorney Review An Employment Agreement?
It is best to have an employment agreement reviewed before signing, particularly if it contains non-compete provisions, compensation terms, equity awards, or restrictive covenants. Early review gives you an opportunity to understand your obligations and negotiate unfavorable terms before they become binding. An employment agreement attorney in Annapolis can help identify risks and explain how Maryland employment laws may affect the agreement.
Can I Negotiate The Terms Of A Severance Agreement?
Yes. Many severance agreements contain terms that may be negotiable, including severance pay, benefits continuation, confidentiality provisions, non-disparagement clauses, and restrictive covenants. The ability to negotiate often depends on your position, tenure, and the circumstances of your separation. A severance agreement lawyer can evaluate the offer and help you determine whether revisions may be appropriate before you sign.
Does It Matter Which State’s Law Is Listed In My Employment Or Severance Agreement?
Yes. Choice-of-law provisions can affect how courts interpret issues such as non-compete agreements, wage disputes, severance rights, and contractual obligations. While Maryland law may apply in some situations, an agreement may designate another state's laws. A severance agreement attorney in Annapolis can review the provision and explain how it may impact your rights and legal options.
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