Nicholas M. Reiter

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Integration clauses are common boilerplate in employee separation agreements. These clauses, sometimes also referred to as “merger clauses,” set forth the parties’ understanding that their entire agreement is set forth within the four corners of the document they’ve signed. If properly drafted, an integration clause helps nip in the bud a future claim arising from something the employer allegedly said during negotiations of the separation agreement. Think promissory estoppel and claims to enforce oral promises,…
When At-Will Employment May Not Be the Employer’s Friend  Employers generally embrace the at-will employment doctrine. The right to terminate employees for any or no reason and with or without notice may sound appealing to you if you are an employer. In New York, however, there is an added wrinkle: When terminating an at-will employee without cause, may the employer restrain post-employment competition? The answer: unclear. In Post v. Merrill Lynch, Pierce, Fenner & Smith, 48 N.Y.2d 84 (1979),…