- Assault
- Restraining OrderYears later, three employees of the same company went to a competitor to create a miniature version of our client and provide the same services in the same market space. Brody and Associates obtained a Temporary Restraining Order and Preliminary Injunction prohibiting the employees from soliciting customers and employees of our client. Eventually, we were able to secure a settlement agreement with a six-figure settlement amount and no solicitation for nine months.
- Trade Secrets
- Unfair CompetitionNothing is more disconcerting than the possibility of a rogue employee leaving your business for a competitor and taking your hard-earned clients and trade secrets with him/her. Businesses invest a tremendous amount of resources in developing and maintaining client relationships. They can spend even more in the technology and proprietary knowledge that makes their company run and allows them to put a superior product out into the marketplace. It is of vital importance for a business to protect its trade secrets and goodwill.We help employers protect against unfair competition and against the dissemination of trade secrets and other confidential information through restrictive covenants such as covenants not to compete, confidentiality agreements, covenants not to solicit customers, and covenants not to solicit employees. Depending upon our client’s needs and the requirements of the laws in a given jurisdiction, we often integrate such covenants into both employment agreements for new hires as well as separation agreements upon termination. Restrictive covenant laws vary widely – in some states, covenants not to compete lasting multiple years have been enforced, while in others covenants not to compete are not allowed at all. Companies may be forced to negotiate wildly different restrictive covenants to account for the fact that they have employees in a multitude of jurisdictions. Brody and Associates helps businesses navigate this maze to understand the full contours of the protections available to the business. We tailor our agreements to address the specific quirks and requirements of each different jurisdiction in which a company operates and the differences of our clients.
- Wrongful TerminationNo matter how much care has been taken to make and implement sound employment decisions, employees often sue. This is the unfortunate reality of doing business in America. As litigators, we aggressively but economically represent our clients in proceedings before Federal, State and Local courts and agencies in discrimination lawsuits alleging age, race, sex, pregnancy, religion, disability, gender identity, and other protected classes; wage and hour violations; wrongful discharge; retaliation; and all other workplace issues.
- Employment DiscriminationEmployment discrimination cases often start with an administrative charge before a Local, State, or Federal agency such as the Equal Employment Opportunity Commission, Connecticut Commission on Human Rights and Opportunities, New York State Division of Human Rights, and New York City Commission on Human Rights, and other state civil rights agencies across the country. The current or former employee may assert a claim based on any protected status such as age, race, gender, national origin, color, caregiver status, pregnancy, gender identity, religion, etc.
- Employment ContractBrody and Associates also offers counsel, coaching, and guidance to senior executives entering or exiting a company. At other times, we do the same service for the company itself. Whether you are beginning a new relationship or ending an old one, there are many important issues to consider. You need a trusted advisor to look out for your interests and guard against possible pitfalls. Any single paragraph in an employee or separation agreement can be of critical importance to possible litigation years down the road. It is important for you to have it reviewed by seasoned labor, employment and benefits counsel. This can be a very stressful time. Your future and the future of the company may ride of this one hiring decision. We provide individualized attention and expert advice to ensure you make the most informed decision possible.
- Employment LitigationBrody and Associates is a boutique, management side employment law firm that is well versed in all the employment issues employers are now being faced with as a result ofCOVID-19. Not only can we represent your company should you be the target of one of these types of lawsuits by your employees, but just as important, we can work prospectively with management on a daily basis to help avoid these types of actions in the first place. If we can assist you, we are here to help.
- Non-compete AgreementWhile primarily a management side labor and employment firm, Brody and Associates also counsels high compensation executives on separation and non-compete agreements when leaving their jobs. For example, a highly experienced medical researcher was being laid-off by a large pharmaceutical company despite having recently relocated cross-country for his position. Beyond this great inconvenience, the company also wanted to hold him to a non-compete agreement that would prevent him from finding a new position. Brody and Associates counseled the executive on how to negotiate his separation agreement. With our help the executive was able to convince the company to offer significantly higher severance compensation and a complete waver of the non-compete agreement.
- Severance AgreementA small business client contacted Brody and Associates as it planned to fire an employee and wanted our counsel to ensure there were no legal issues. The company had intended to release the employee with severance pay but without obtaining a release. After reviewing the plan, we advised the client to have the employee sign a release of claims in exchange for the severance. This move pre-empted the litigation we later learned the employee was planning and helped us realize there were other labor and employment practices unrelated to the case that needed to be corrected.
- Sexual HarassmentCreating and Living a Harassment-Free Environment – Training your supervisors and employees on sexual harassment and other forms of harassment is prudent and sometimes legally mandated. We will go over what is considered sexual and other forms of harassment, the legal bases for claims of harassment, and how you can ensure a workplace free of harassment. We regularly conduct this training for employers in Connecticut, New York, and New York City.
- Real Estate Transactions
- Disability DiscriminationThe same company faced a disability discrimination law suit. Brody and Associates was able to argue that the Plaintiff’s claims did not constitute discrimination, and as a result, the case was settled for only two thousand dollars despite initial claims asking for tens of thousands in damages.