The Ottinger Firm, P. C.

The worst mistake you can make when it comes to a non-compete agreement (NCA)?

Isn’t signing it.

It’s assuming it can be enforced

More and more states see the harm that these restrictive contracts have on workers

And they’re limiting when and how they can be enforced

If you live in New York and have signed an NCA, it probably won’t hold up in court

Most of these agreements are

❌ Too broad

❌ Not being used for legitimate business reasons

❌ In violation of state regulations

Check out the link in the comments to read more about how New York workers can fight employer NCAs

40% of American workers will have their freedom to work infringed in their careers

Let us clarify:

40% of American workers face non-compete agreements (NCAs) at some point in their careers

These agreements restrict when, where, and for whom you can work

At the same time, they

🛑 Depress wages

🛑 Limit opportunities for advancement

🛑 Trap workers in jobs they hate

But if you’ve signed an NCA, you still have options

More and more states are passing laws limiting how employers use these agreements

If you work in NY or CA and are bound by an NCA

Ottinger Employment Lawyers can help you take action to free yourself

Check out the link in the comments to get in touch with one of our experienced attorneys today

Signing a non-compete agreement is one of the most crippling career moves you can make

These contracts prohibit workers from having control over…

👉 when

👉 where

👉 for whom

… you work

The worst part is?

Many workers don’t even realize they’ve signed these contracts

If you’ve signed an NCA, it makes sense to feel frustrated, helpless, and trapped

But with the help of an experienced employment attorney, you can take your career — and life — back into your own hands

Check out the link in the comments to get in touch with Ottinger Employment Lawyers

We’ve helped hundreds of workers get out from under unfair NCAs

If you work in NY or CA, contact us to discuss the details of your case and how we can help

What makes a fair severance package?

Short answer:

There’s no legal standard for determining a “fair” severance agreement — it depends on your situation, your assets, and the details of the offer.

Long answer: It’s still up to you — but you might want your package to include:

1. A lump sum payout

2. No mitigation offsets

3. Health benefits continuation

4. The option of a payout for benefits you don’t want

5. Reimbursement for outstanding expenses

6. Integration and severability clauses

7. Job reference letter

8. Cash payment for vacation or sick days

Check out the link in the comments to read more about how to evaluate your severance package — and tips for negotiating to improve it

Let’s bust some myths about severance packages

❌ Companies are required to offer severance for laid off employees

✅Nope. The severance agreement is a contract between the employer and you — they give you benefits in exchange for you to leave the company quietly

❌ My employer has to offer a specific $$ amount in payout for my package to be fair

✅ Pay is usually calculated as a pay out of salary over time, but there’s no legal standard for determining what’s “fair.” That’s up to you.

❌ I have to accept the severance agreement as is — or walk away with nothing

✅ The severance offer is just that — an offer. It can be negotiated and improved, if you’re diplomatic

If you work in CA or NY and are looking for support in evaluating your severance package — or negotiating to make it better

Check out the link in the comments to get in touch with Ottinger Employment Lawyers

Most workers aren’t spending their days thinking about their severances packages

And they shouldn’t be

But when the unexpected happens and you’re facing an unexpected “restructuring”

Things can feel overwhelming

Workers who’ve been laid off have a lot of things on their mind — negotiating your employer’s severance offer is probably not at the top of them

But you don’t have to accept your company’s severance offer as is

An experienced employment attorney who can help you navigate the details of your employer’s severance agreement and strategically negotiate improved benefits

If you work in NY or CA

Check out the link in the comments to get in touch with Ottinger Employment Lawyers to discuss the details of your case

There’s no question that non-compete agreements (NCAs) are good for some businesses

But that doesn’t mean that they:

☝ Are fair

☝ Encourage innovation

☝ Give back to consumers

☝ Don’t hurt the economy

Many people don’t realize it, but NCAs don’t just harm workers

They can also have a negative impact on consumer, other businesses, and the economy itself

That’s why lawmakers are considering taking nation-wide action to ban these bad-news policies

Check out the link in the comments to learn more about the FTC’s proposed non-compete ban and what it could mean for workers and consumers

Many workers understand that non-compete agreements (NCAs) are bad news

But far fewer people talk about the impact it has on the economy

NCAs that restrict worker mobility also lead to:

👎 Depressed wages

👎 A lack of innovation among businesses

👎 Higher prices

👎 Less choice for consumers

The good news?

More and more states are standing up and taking action against these unfair contracts

If you live in NY or CA and are constrained by an employer’s NCA

Check out the link in the comments to get in touch with Ottinger Employment Lawyers

We’ve helped hundreds of workers defeat NCAs that are unfair or too broad — and we can help you

Executives living in California: beware of unlawful non-compete agreements (NCAs)

Companies use NCAs to prevent employees from working with competitors

They effectively place limits on job mobility and can prevent you from using your skills and experience to seek a competitive wage

NCAs are bad news for workers and the economy

Because of that, they’re illegal in a number of states — including California

Even if you live in California but work for a company based out of state, you’re still protected by California labor law

If your company asked you to sign a non-compete agreement, you can report them for violating CA law — and you could be entitled to damages

To learn more about the NCAs and your rights as an employee working in California, check out the link in the comments

When you’re an employee who’s unexpectedly laid off, you probably have a lot of questions

🤔 Am I getting a fair severance package?

🤔 Do I have a case of wrongful termination?

🤔 What happens to the bonus I was expecting?

When it comes to bonuses, workers often wonder if they’re legally entitled to bonuses promised to them earlier in the year

The bad news: you don’t have a legal right to your boss’s annual Christmas bonus

The good news: employees are legally entitled to certain types of bonuses — if they meet the standards to be considered part of your rightfully earned compensation

To learn more about the two different types of bonuses and the steps you can take to recover the compensation you’re owed, check out the link in the comments

1 in 5 American workers are bound by non-compete agreements (NCAs) today

This means that 1 in 5 Americans doesn’t have the freedom to:

✋ Leave their job when they want

✋ Seek competitive wages

✋ Fulfill their professional potential

Employers have used NCAs to trap workers in jobs at their expense

And if you’ve signed an NCA, it makes sense to feel trapped

But you do have options

If you work in New York or California and are feeling trapped by an employer’s NCA, check out the link in the comments to contact Ottinger Employment Lawyers

Our team of experienced attorneys can help you build a compelling case and get out from under an unfair NCA

When it comes to bonuses, most employees don't ask too many questions

But what most workers don’t realize? Not all bonuses are the same — and not just in amount of the payment

A lot of end-of-year bonuses are “unearned” or “discretionary”: your company gives them as a gift, e.g. for Christmas, or after a successful company year

These are handed out entirely at the whim of your boss — even if you expect them, there’s no guarantee that you’ll receive one

But for some workers, end-of-year bonuses aren’t just gifts: they’re a form of legitimately earned compensation that your boss has agreed to pay:

💰 As part of an employment contract

💰 As an reward for achieving performance goals

💰 As an incentive for staying with the company for an agreed upon period of time

These “earned” or “non-discretionary” bonuses are considered a part of workers’ wages according to many state laws

Meaning that if your boss withholds them, they’re violating the law

If you work in New York or California and are in a dispute over unpaid bonuses

Check out the link in the comments to get in touch with Ottinger Employment Lawyers’ team of experienced attorneys to discuss the details of your case

The start of 2023 has been a tough time for tech workers

As waves of layoffs continue, thousands across the country find themselves out of work

Many professionals will be wondering:

😥 Where do I go from here?

😥 Is my severance package fair?

😥 What happens to my end-of-year bonus?

Unfortunately, companies don’t have an incentive to pay out bonuses to workers terminated before the end-of-year payment period

But employees don’t necessarily have to chalk up that money as lost

In many states, “earned” or “non-discretionary” bonuses are legally considered part of a worker’s earned compensation

Meaning your employer is legally obligated to pay you

If you work in New York or California, contact Ottinger Employment Lawyers to get in touch with an experienced attorney who help you dispute an unpaid bonus and win the recovery you deserve

Employee non-compete agreements (NCAs) were designed to help companies to safeguard critical business assets:

⚠ Intellectual property

⚠ Confidential customer information

⚠ Trade secrets

But today, more and more companies exploit these agreements

By putting limits on when, where, and for whom workers can find new jobs, NCAs

⛔ Restrict job mobility

⛔ Contribute to wage stagnation

⛔ Discourage innovation and growth of new products and businesses

Many employees may not even be aware that they’ve signed an one

If you work in New York or California and are feeling trapped by an employer’s NCA, check out the link in the comments to contact Ottinger Employment Lawyers

Our team of experienced attorneys can help you build a compelling case and get out from under an unfair NCA

30 million American workers today are currently bound by non-compete agreements (NCAs)

These contracts allow companies to limit employees’ future job prospects with restrictions on

🛑 When you can find a job

🛑 Where in the country you can find employment

🛑 What industries or organizations you can work for

An NCA can be crippling to your career trajectory and future earning potential

But with the help of an experienced employment attorney, you can get out from under your employer’s NCA and take your career path back into your own hands

Check out the link in the comments to get in touch with Ottinger Employment Lawyers’ team of experienced attorneys to discuss the details of your case

3 common myths that pregnant workers believe about their rights

Myth 1️⃣ : If my boss wants to let me go because of concerns I can’t do my job safely or effectively, there’s nothing I can do.

Fact: Even if you may not be able to safely perform your job duties while carrying a child, your employer is required by law to offer you accommodations or a temporary alternate position.



Myth 2️⃣ : I may have to accept a pay cut if I request for my employment duties to change while pregnant.

Fact: Reducing pay for workers who have to alter their job duties due to pregnancy is illegal — you are entitled to your standard pay during and after pregnancy.

Myth 3️⃣ : I have to be pregnant to experience pregnancy discrimination.

Fact: The law protects workers from discrimination due to pregnancy status. This includes discrimination based on your plans to become pregnant, your requests for accommodations after giving birth, or your duties taking care of a pregnant family member.

Check out the link in the comments to read about what pregnancy discrimination looks like and how workers who experience it can win financial recovery

Many people don’t realize how many forms unlawful pregnancy discrimination can take:

1️⃣ Firing a worker who announces she’s pregnant

2️⃣ Not hiring an applicant who says she wants to have a child in the next year

3️⃣ Reducing a worker’s pay while she’s performing altered job duties while pregnant

4️⃣ Ignoring an employee’s requests for extra break times, shift changes, or remote work

5️⃣ Demoting someone when they ask for maternity/paternity leave

6️⃣ Retaliating against a worker who complains about insufficient accommodations offered during or after giving birth

If you’ve experienced any of these circumstances, you have grounds to sue your employer for violating your rights, with the guidance of an experienced employment lawyer, you could be entitled to financial recovery.

To learn more about how to win restitution for illegal pregnancy discrimination, check out the link in the comments to contact Ottinger Employment Lawyers today to discuss the details of your case.

Thanks in part to , national awareness about s*x discrimination at work is at a peak. But s*x discrimination isn’t limited to s*xual harassment or assault — it also includes pregnancy discrimination.

Unfortunately, discrimination against workers due to their pregnancy status is still common in the U.S.

The number of pregnancy discrimination lawsuits filed each year in federal court has been rising steadily since 2016.

What can this kind of discrimination look like?

🚩 Firing someone because she is or plans to be pregnant

🚩 Refusing to provide pregnancy-related medical accommodations

🚩 Jokes, insults, or offensive comments about a pregnant or breastfeeding worker

Women who are subject to any of these circumstances can sue their employers for violating their civil rights — and can be entitled to financial compensation in return.

If you work in California or New York and have experienced discrimination at work while pregnant, check out the link in the comments to contact Ottinger Employment Lawyers today to discuss the details of your case.

Many Americans don’t realize it

But they can be fired at any time — even without a just reason

Unless you live in Montana, you’re most likely an “at will” employee

Meaning your boss can fire you for almost any reason, and there won’t be legal consequences

To have a credible case of wrongful termination, you need to prove that your firing was illegal

E.g., it happened because of:

❌ Discrimination: race, gender, s*xuality, national origin, etc.

❌ Pregnancy or a maternity leave request

❌ An illness or request for disability accommodations

❌ Retaliation for whistleblowing or filing a workplace complaint

If your dismissal was connected to any of these circumstances, you could have a case of wrongful termination — and be entitled to financial compensation

Check out the link in the comments to contact Ottinger Employment Lawyers today to discuss the details of your case

The number one thing people get wrong about wrongful termination?

Unfair termination ≠ unlawful termination

At least, not 100% of the time. This is because most Americans are “at will” employees. This means that your boss can fire you for any reason — or no reason at all

You can be fired:

👉 For a coworker’s mistake

👉 For being late, even if you weren’t

👉 For being a Yankees fan

What you need to make a case of wrongful termination = proof your firing was for an ILLEGAL reason:

👉 Discrimination due to race, gender, s*xuality, national origin, etc.

👉 Pregnancy or a maternity leave request

👉 An illness or request for disability accommodations

👉 Retaliation for whistleblowing or filing a workplace complaint

If you work in New York or California and have been terminated under these circumstances, check out the link in the comments to contact Ottinger Employment Lawyers

An experienced attorney can guide you in building a case of wrongful termination and winning you restitution for your illegal firing

Peloton: 500 jobs

Lyft: 750 jobs

Twitter: 3,700 jobs

Meta: 11,000 jobs

Amazon: 10,000 jobs

Waves of layoffs have tech workers around the country on edge.

Thousands of employees are likely:

👉 Feeling shocked and angry

👉 Thinking they’ve been treated unfairly

👉 Wondering if they can sue their employer for wrongful termination

If you’ve been affected by these layoffs or recently lost your job under unfair circumstances, check out the link the comments to learn more about what you need to bring a case of wrongful termination

Five years ago, who could have believed that Harvey Weinstein, one of Hollywood’s top producers, would be sentenced to 23 years in prison for s*x crimes — not to mention the subject of a top-billing film about the reporters who exposed his hidden history of abuse.

The aftermath of Harvey Weinstein’s fall from grace is a testament to the impact that the movement has had on organizations and institutions around the U.S. since 2017.

Thanks to the movement, there’s no longer any denying that s*xual harassment and abuse in the workplace is a national epidemic.

And thanks to a wave of long-overdue anti-harassment legislation, survivors of harassment are better positioned to:

⚡ Fight employers’ attempts to keep misconduct hidden

⚡ Hold their perpetrators accountable for their wrongdoing

⚡ Win financial recovery

Survivors don’t have to suffer alone.

If you work in California or New York and have experienced s*xual harassment at work, check out the link in the comments to get in touch with the team at Ottinger Employment Lawyers today to discuss the details of your case


*xualharassment

Five years after went viral, many may be wondering:

🤔 How much has really changed when it comes to combating workplace s*xual misconduct?

🤔 Are women still experiencing s*xual harassment at work?

🤔 What more protections can survivors of abuse rely upon inside and outside the office?

The bad news: workplace s*xual harassment is still prevalent across industries in the U.S.

The good news:

✅ More survivors are speaking out and reporting their experiences with harassment

✅ 22 states and the District of Columbia have passed more than 70 workplace anti-harassment bills since 2017

✅ Survivors who sue their employers for misconduct have won over $20 million more in legal recovery in 2021 than in 2017

To learn more about the national and legal impact that has had on workplace s*xual harassment, check out the link in the comments



*xualharassment

There’s no denying that the movement had a huge impact on the world.

The prevalence of s*xual harassment and misconduct across institutions, industries, and organizations of all sizes can no longer be ignored.

But in spite of this global reckoning and the series of high-profile cases brought against a number of powerful individuals in entertainment, government, and athletics, countless women and men still suffer s*xual abuse and harassment in professional settings in 2022.

didn’t eliminate s*xual harassment from the workplace.

But it should be a sign to survivors:
+ You’re not alone
+ Harassment isn’t acceptable
+ Accountability is possible

If you’ve experienced s*xual harassment at your job, you don’t have to suffer in silence—contact an employment lawyer who can help you report the misconduct, document your experience, and hold your perpetrator and employer accountable for violating your rights.

Check out the link in the comments to get in touch with the team at Ottinger Employment Lawyers today to discuss the details of your case

*xualharassment

One of the most important factors in winning s*xual harassment cases?

Time.

Most people don’t know, but there’s a deadline for filing legal charges of workplace s*xual harassment. The time limit differs depending on what state you’re in. In New York, survivors have up to 3 years to file a report. But in Virginia, you only have a year, at most.

Time is of the essence when it comes to filing charges. Not just because of reporting deadlines — the longer you wait, the more likely you are to lose critical evidence for your case.

The best option?

Consult with an experienced attorney as soon as possible. They can:

👉 assess the circumstances of your case

👉make sure you’re on top of documentation and reporting deadlines

👉determine the best path to getting you the recovery you deserve

If you work in California or New York and have experienced s*xual harassment at work, check out the link in the comments to consult with an experienced attorney about your options

*xualharassment

Women held 52% of all management, professional, and related occupations in the U.S. in 2021 — but women filed 78% of federal s*xual harassment charges in the past four years.

A lot has changed about the workplace in the past 50 years. But s*xual harassment is unfortunately still pervasive.

One thing that has changed?

The law.

In the past five years, more than 70 state laws expanding protections for survivors of workplace s*xual harassment have been adopted

Making it easier for survivors to:

✅ Prove they’ve experienced misconduct

✅ Hold their employers and perpetrators accountable for wrongdoing

✅ Win recovery in public courts for what they’ve suffered

Check out the link in the comments to learn more about some of these important new laws expanding protections for workers

*xualharassment

Many people who experience s*xual harassment at work may not realize it.

Let us clarify:

A lot of people think that harassment has to be experienced repeatedly in order for you to have grounds for reporting it.

This is a myth.

Harassment can only happen one time and it will still be illegal, if:

❌ It creates a hostile environment

❌ You can’t do you your job normally

❌ Someone pressures you to engage in any unwanted s*xual activities

❌ And/or they’re a condition for employment or promotion

If you work in New York or California and have experienced any of these circumstances, your employer can be held liable for failing to protect you.

Check out the link in the comments to get in touch with Ottinger Employment Lawyers to discuss the details of your case and how you can win recovery.



*xualharassment

2022 has been tough on many workers and jobseekers

As recession looms, even the biggest names in tech, media, and finance have been hit with slashed budgets and waves of downsizing

Even more top- and mid-level executives find themselves wondering about the part of the employment contract you hope you never have to get to know:

The severance agreement

If you work in CA or NY and are:

+ Wondering what you should expect in a severance package
+ Concerned you’re owed more than your boss is offering
+ Unsure of how to negotiate to improve your benefits

Check out the link in the comments to get in touch with Ottinger Employment Lawyers’ team of experienced attorneys to discuss the details of your case

3 questions we hear over and over again from executives about their severance packages:

1. What’s the formula for determining my severance pay?

(There isn’t one: companies usually calculate the severance as a payout of salary over weeks or months, but there’s no universal standard.)

2. Is my severance agreement fair?

(That’s up to you: are you being compensated according to your role and tenure, or are you missing overtime pay or promised commission?)

3. How can I increase my severance payout?

(Short answer: Have credible proof that you were let go due to illegal and/or discriminatory reasons that give you leverage for boosting pay)

(Longer answer: 👇)

Consult with an experienced employment attorney who can help you navigate the details of your employer’s severance agreement and strategically negotiate improved benefits

Check out the link in the comments to learn more about what a severance offer is and isn’t

3 common misconceptions that executives have about severance packages

1️⃣ There’s a formula for determining your payout

There’s no standard or legal formula — though many companies calculate it as a portion of your salary over weeks or months.

2️⃣ Executives are legally entitled to one

Your boss is only legally required to give you severance if it’s in your employment contract or collective bargaining agreement.

3️⃣ You have to accept the first offer presented to you

A severance offer is just that: an offer. You don’t have to accept it as is.

An experienced employment attorney can help you navigate the details of your employer’s severance agreement and guide you through the process of negotiating for improved benefits

If you work in CA or NY and need advisement with your severance offer

Check out the link in the comments to get in touch with Ottinger Employment Lawyers’ team of experienced attorneys to discuss the details of your case