Your New Year Employment Checklist – Things to Consider Before Taking Action

It is the New Year and as part of your resolution you have decided you are going to be happy with your job. You are determined to find a job that values you and rewards your hard work.

If you are considering resigning from your current job and transitioning to a new job, we suggest that you consider the following checklist below:

(1) Gathering all of the policy, plans and handbooks of your current employer, to determine your rights and obligations.

(2) Have you obtained new employment prior to giving notice of resignation? If so, has this new employment been finalized, including whether you have come to agreement on, among others, your title, location, job responsibilities, salary and bonuses, and benefits and have these been placed into writing to confirm these terms? Have all of the background checks and any and all other contingencies of your starting work been met? Do you know if you have to sign any additional documents, like a Non-Compete Agreement, after you commence employment? Have you received a copy of their policies and handbook? Does this new job offer you the opportunities you are looking for and that you were not getting at your current employer?

(3) If you do not have new employment lined up, do you really want to resign at this time? Keep in mind that resigning without good reason may prohibit you from obtaining unemployment benefits. It may also be harder to get a new job if you resign from your job without first having new employment secured, as you appear more valuable when you are employed.

(4) Are you due to receive a bonus from your current employer? If so, when is this supposed to be paid to you? [You may want to give notice of resignation after the bonus is received as most plans require you to be employed on the date bonuses are paid in order to be eligible to receive them and if you give notice before this date, you may be asked to leave immediately, and therefore would not be eligible to receive the bonus].

(5) Are you due to vest in any stocks, equity plans, deferred compensation, retirement plans? If so, when is the vesting date and how will your giving notice of resignation affect your vesting?

(6) Have you signed a Non-Compete Agreement, Non-Solicitation Agreement, Non-Disclosure Agreement, Confidentiality Agreement, Inventions Agreement, or any other agreement that may restrict your ability to obtain or perform at a new employer? Are you subject to garden leave? If so, do you have a copy, understand what you signed and have you shared these restrictions with the new employer so they are aware of your current obligations?

(7) Do you know how much notice you must give if you are going to resign? Will you be giving notice of your resignation in writing? If so, will it be short or is there a reason you are departing?

(8) Are you entitled to payment of accrued but unused vacation days or PTO time if you resign?

(9) Are you due any payments you have not yet received; i.e., expense reimbursements, quarterly bonus, commission payments, etc.

(10) Have you taken home your personal property or removed personal items from the company computer? Alternatively, have you made a list of your personal items in your office or at your desk? Be advised that you cannot print out, take home or delete any customer lists, client information, trade secrets, business plans or other proprietary information of the company. If you are not sure if items are yours or those of the company, you should speak with an attorney prior to taking or emailing any items.

(11) Have you raised any claims against the company that are currently being investigated internally or at a city, state or federal agency?

(12) Is it possible for you to depart with severance?

(13) Prior to submitting your notice of resignation, is there a mentor that you would like to speak with first to advise them of your departure?

(14) Will you have an exit interview and will you be asked to sign anything during this meeting?

(15) Try and depart on good terms as you never know what the future will bring. Thank those who have helped you along the way and do not say or act in a manner that can harm you personally or professionally.

If you are going to transition to new employment, we recommend that you consult with an knowledgeable attorney to understand your rights and obligations and to determine how the above items, plus others, apply to your situation.

We are happy to assist you and guide you to a new and happier workplace! For guidance, job coaching or counseling, assistance with your transition or just more information contact Sheree Donath.

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As of November 1, 2022, all New York City employers, with four or more employees or one or more domestic workers, must include the salary range for any new jobs, promotions or transfer opportunities in any job advertisement. In the listing, the employer must include a “good faith” salary range with a minimum and maximum amount. The amount must be something the employer is willing to pay at the time of the advertisement. The job postings do not have to include benefits (i.e. health insurance, PTO, life insurance, 401K matching or contributions, severance) or any perks they may offer, but may be included if the employer chooses.

To view the salary requirement in job advertisement fact sheet, click here. The fact sheet provides information on what constitutes an “advertisement”, covered listings, covered employers, how salary protections are enforced, among others.

This new pay transparency law allows employees to review postings to determine if they are being paid in line with what is being offered. It also affords employees the opportunity to question the salary they are receiving based on their qualifications and experience and to determine if the compensation elsewhere might be better.

For employees who are unsure if they want to remain in their role, or believe they are not being fairly compensated, or are otherwise disgruntled, the new law may provide answers to many unanswered questions, such as is my colleague being paid more than I am. It may also be the impetus for change.

The new postings may also be a time for reflection. Employees may look to determine what job values are important to them, whether it be salary or flexibility or otherwise. 

If you believe you are not being properly compensated or are looking to make a transition (voluntarily or involuntarily) or want counseling at your current job, contact Sheree Donath, Esq. by clicking here or at sheree@donathlaw.com to determine your options and rights.

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When an individual receives an agreement, the first thing to determine is if it is an offer letter or a contract. Employees receiving an offer letter may have less negotiating room then employees receiving an employment contract. Why? Because the offer letter is usually pretty simple (1-2 pages) and is generally given just to set out some basic terms (i.e. start date, title, salary). Employees with an offer letter are also generally at-will employees (meaning they can be fired for any reason with or without notice, provided the reason for termination is not improper). This is not to say they cannot negotiate the terms of the offer letter or that the offer letter should be signed without being reviewed by an attorney. It is imperative that all the terms that have been promised to the employee be included in the offer letter before execution.

Employment contracts are generally provided to higher level employees / executives or employees who have negotiated terms that need to be documented. These may be terms that are not offered to all employees.

For employees who receive an employment contract, these are some of the items we would expect to see in an employment agreement. Some of them are straightforward and some leave room for negotiation. The below list should also be reviewed/ used by employees with offer letters or who are interviewing, because its a checklist to help the potential employee understand the terms of their new employment relation.

1. title and responsibilities
2. reporting chain – to whom do they report
3. location of office to which the employee reports and whether the employee is remote or hybrid or will work from home
4. at will or term contract (and if the latter is it truly the term stated at the beginning of the contract — for example 1 year — or can the person be terminated on 30 days’ notice, making the contract, in essence, a 30 day contract)
5. salary/ compensation/ bonus/ stock/ equity
6. sign on bonus – any requirements to stay for a period of time or pay back upon departure
7. guaranteed bonus or bonus based on performance (and if the latter are there any metrics -to determine the basis for receipt of a bonus). Is the bonus to be paid now or as deferred compensation and will it be paid in cash or part in stock/equity and is there a vesting schedule
8. benefits/perks/expenses/vacation
9. notice requirements – any notice required for termination (with or without cause) or if the employee is to resign with or without good reason
10. restrictions on future employment (non-compete, non-solicitation, non-disparagement) and do these continue if the employee is terminated without cause or only if the employee resigns
11. any additional documents that will need to be signed by the employee (i.e. non-compete agreement, workplace inventions agreement, confidentiality agreement, etc.)
12. severance – generally found in executive agreements and may apply if the employee is let go prior to the end of the term or if the employee resigns for good reason. Any severance may require the employee to sign a release of claims and the contract may state what the employee might be entitled to (i.e. salary, benefits, expenses, bonus, etc.)
13. relocation benefits – what are offered, any requirements to stay for a period of time, or repayment. Possibility of re-relocation benefits at a later date.

Individuals who receive new employment agreements should have them reviewed so that all of the terms and promises discussed in the interviews are documented and there is no confusion at a later date.

Contact Sheree Donath at 516-804-0274 or Sheree@DonathLaw.com for assistance in having your employment contract or offer letter and the accompanying documents reviewed. We understand that time is of the essence and will accommodate you (speaking in the evening or weekends) to ensure that the documents are promptly reviewed and discussed with you.

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Quiet quitting is a not a new phenomenon but it has recently taken over the news and been brought to many employer’s attention. Rather than resign from their jobs, some employees are engaging in “quiet quitting” or in essence, doing their job while refusing to go above and beyond as they may have done in the past. This may happen all at once or progress over time.

Quiet quitting may be considered by some to simply be employee disengagement or lack of interest by the employee. However, this is not necessarily true. Employees who quietly quit generally perform their primary duties, but do not go above and beyond to assist their colleagues/management, stay late or come in early, do not see it necessary tor attend non-mandatory meetings or gatherings, refuse to perform the job of others (i.e. doing two roles for the same money). Employees are pushing back on being asked to work day and night and are simply performing their roles, during working hours. This does not mean that the employee is not interested in working in the role or for the employer, but generally that the employee wants a work-life balance. Employees who engage in quiet quitting may feel under-valued, unappreciated or at times, taken advantage of. They may not be ready to walk out on their job as they likely need a paycheck and health insurance (and may even like the work they do and/or the company they work for), but are taking the first step to be recognized and to take control of their employment.

Employees who may be unhappy with all or part of their job and that are, or are considering, quietly quitting, may want to consult with an attorney or job counselor to determine the impetus for the change and to determine what other options the employee may have. For example, should the employee resign from their job? Should they seek a transfer? Should they look for alternate employment? Can they be terminated as part of a layoff? Will they receive severance if they depart? Should they find a new job first before leaving? What, if anything, should the employee tell their employer in an exit interview? Is there anything that may hinder the employee’s departure (i.e. non-compete agreement)? Employees have options and should speak with a knowledgeable professional to determine their rights and their obligations and if there is anything that they should be aware of if they choose to quietly quit or leave their employment.

Before taking any action(s) Employees should also consider what job values are most important to them and what their ideal job may be.

Donath Law, LLC can assist you in any transition you are making internally or externally in the workplace. If you would like to schedule a consultation with Sheree Donath, you can do so by clicking here or contacting her at Sheree@DonathLaw.com.

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If you received a severance package from your employer, you have either recently departed from your employment or a date has been communicated as your last date of employment. There are different reasons a severance package is given (i.e. a layoff, an employee raised claims against the employer during the employee’s tenure; the employee is entitled to severance per the terms of an employment contract, in lieu of being put on a performance improvement plan, etc.). Severance is not generally required (unless the employer has a severance plan), but is offered because the employer wants the employee to sign a document that contains, among others, a release of claims, non-disparagement, confidentiality, cooperation.

Employees who receive a severance document should have the document reviewed by an attorney to ensure that the language within is the language typically found within these agreements. To find out more about what terms are generally found in a severance agreement, click here. It is recommended that the attorney reviewing your severance package be one that is well-versed in employment law so that your interests are protected.

Employees should be cognizant of the time period they have to sign the severance agreement. If the employee is over 40, the employee generally has at least 21 days to review the agreement and 7 days to revoke the agreement. If the employee does not timely sign the agreement, then the employee may be denied the severance being offered.

Employees should look at the terms of the agreement to see if what is being offered includes everything the employee may be entitled to or be seeking (i.e. health benefits, unpaid accrued wages or commissions, future payments, bonus, expenses, vacation). Remember, once the release of claims has been signed, the employee is generally precluded from bringing a claim against the employer in Court, so the employee would want to make sure everything is agreed upon prior to execution. For a list of some of the items that an employee may look to negotiate in a severance package, click here.

Employees should look to see if there is a non-compete or non-solicitation agreement in the document, or if the non-compete/ non-solicitation provisions that may have previously been agreed to, have been waived or limited. It is important to understand that non-compete/non-solicitation provisions are likely still enforceable if you have been terminated. For more information on your rights relating to a non-compete agreement, click here.

For a substantive review of your severance agreement prior to execution, to find out whether the agreement can be negotiated or enhanced and to determine your rights and obligations, contact Sheree Donath.

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Starting May 7, 2022, employers with a place of business in New York state must provide notice to employees if they will be monitoring their telephone conversations, emails and/or internet usage. The specific terms of the new law can be found here along with the type of business that may be excluded.

The notice requirement presently requires employers to provide notice of electronic monitoring upon hiring of new “employees”. Employee is not defined and is silent as to whether this new law would pertain to others, like independent contractors, who may use the employer’s phones, computers, internet, etc.

Employers are required to provide the newly hired employee notice of their electronic monitoring policy as well as obtain a signed acknowledgement from the employee of the employee’s awareness of the policy. The employer is also required to post such notice in a place that is easily visible by the employees to whom it pertains.

Currently, the new law does not apply to current employees of the company, but employers would be wise to provide notice and obtain an acknowledgement from all employees.

Should an employer fail to comply with the new law, an employee does not presently have a private right of action. Rather, this law is enforced by the attorney general, who may fine the employer $500 for the first violation, $1,000 for the second violation and $3,000 for the third and subsequent violations.

For more information or to find out about your right and options, contact Sheree Donath at sheree@donathlaw.com or at (516) 804-0274 or by clicking here.

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Unicorns are mythical creatures. They are thought to be magical. In the workplace, a unicorn employee is “special” and usually the employee that goes above and beyond at work. Unicorn employee status is generally thought to be unattainable by most. However, anyone can be a unicorn employee if they choose to. Unicorn employees are employees that are team players. They are hard-working and respectful. Out to prove they can accomplish many tasks. Unicorn employees tend to put the job and their team before themselves. Unicorn employees stand out and take charge, but in a positive way.

Overall, and said differently, unicorn employees offer value to their employers. Employees can offer value to their employers in different ways. Each employee is special and unique and that uniqueness should be cultivated so that each employee shines and the employee’s talents and skills are used to the betterment of their employer. Employers should encourage and develop their employees as all are unique and all employees have the ability to be a unicorn employee if properly motivated.

When employees show value to their employer those employees are generally rewarded with among others, accolades, promotions, better and/or more challenging/creative opportunities, increased compensation/bonuses.

When employees show value to their employers, then employers are concerned that the employee may depart from the organization and take steps to prevent that from occurring.

Employees can often benefit from employment counseling and job coaching guidance to enhance their performance or prove their value to their employer.

During this period of Great Resignation and Great Reshuffle, employers should take those actions necessary to ensure that their unicorn employees don’t resign.

To hep you stand out in the workplace and be viewed by your employer as a highly, valuable unicorn employee,  contact Sheree Donath.

For those unicorn employees who believe they are being undervalued by their employer and are seeking to make a transition and want to transition assistance or to understanding their rights and obligations, including any documents they may have signed, contact Sheree Donath.

For all employees, be you and be special and let your value shine.

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