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<channel><title><![CDATA[Smith Law - Updates]]></title><link><![CDATA[https://www.smithlawmpls.com/updates]]></link><description><![CDATA[Updates]]></description><pubDate>Wed, 17 Jun 2026 13:16:25 -0700</pubDate><generator>Weebly</generator><item><title><![CDATA[Employment Contracts: What to Look for Before You Sign]]></title><link><![CDATA[https://www.smithlawmpls.com/updates/employment-contracts-what-to-look-for-before-you-sign]]></link><comments><![CDATA[https://www.smithlawmpls.com/updates/employment-contracts-what-to-look-for-before-you-sign#comments]]></comments><pubDate>Mon, 15 Jun 2026 07:00:00 GMT</pubDate><category><![CDATA[Employment Contracts]]></category><guid isPermaLink="false">https://www.smithlawmpls.com/updates/employment-contracts-what-to-look-for-before-you-sign</guid><description><![CDATA[Whether you're accepting your first job offer or transitioning to a new role, an employment contract is one of the most important legal documents you'll encounter in your career. Yet many employees sign on the dotted line without fully understanding what they're agreeing to — sometimes with serious consequences down the road.​At our firm, we've seen firsthand how a poorly drafted or misunderstood contract can limit an employee's options, expose them to unexpected risks, or leave them without [...] ]]></description><content:encoded><![CDATA[<div class="paragraph">Whether you're accepting your first job offer or transitioning to a new role, an employment contract is one of the most important legal documents you'll encounter in your career. Yet many employees sign on the dotted line without fully understanding what they're agreeing to &mdash; sometimes with serious consequences down the road.<br>&#8203;<br>At our firm, we've seen firsthand how a poorly drafted or misunderstood contract can limit an employee's options, expose them to unexpected risks, or leave them without recourse when things go wrong. Here are some things to consider before you sign.<br></div><div><!--BLOG_SUMMARY_END--></div><h2 class="wsite-content-title"><font size="6">1. Compensation and Benefits &mdash; Read Beyond the Salary</font><br></h2><div class="paragraph">The base salary is usually the first thing people look at, but it's far from the only number that matters. Pay close attention to:<br><ul><li><strong>Bonus structures:</strong>&nbsp;Is the bonus discretionary (meaning the employer can choose not to pay it) or performance-based with defined metrics? A "target bonus" may not be a guaranteed bonus.</li><li><strong>Equity and stock options:</strong>&nbsp;If you're receiving stock options or equity, understand the vesting schedule, cliff periods, and what happens to your shares if you're terminated or the company is acquired.</li><li><strong>Benefits eligibility:</strong>&nbsp;When do health, dental, and retirement benefits kick in? Some contracts include a waiting period that isn't discussed during the offer stage.</li></ul></div><h2 class="wsite-content-title"><font size="6">2. Job Title, Duties, and Reporting Structure</font><br></h2><div class="paragraph">&#8203;Vague job descriptions can work against you. A contract that broadly defines your role &mdash; or reserves the employer's right to change it at any time &mdash; can lead to a situation where your responsibilities expand significantly without any corresponding change in compensation.<br>Look for language that clearly defines your title, core responsibilities, and who you report to. If your role is senior, consider whether the contract addresses authority over budgets, hiring, or strategic decisions.<br></div><h2 class="wsite-content-title"><font size="6">3. At-Will Employment vs. For-Cause Protection</font><br></h2><div class="paragraph">Most private-sector employees in the United States work "at will," meaning either party can end the employment relationship at any time, for any lawful reason. However, some contracts provide greater job security by requiring the employer to show "cause" before terminating an employee.<br><br>If your contract includes a "for cause" termination provision, examine how "cause" is defined. Broad definitions &mdash; such as "conduct detrimental to the company" &mdash; can effectively strip away those protections.<br>&#8203;<br>Also look for:<br><ul><li><strong>Notice requirements:</strong>&nbsp;Does either party have to provide advance notice before terminating?</li><li><strong>Severance:</strong>&nbsp;Is severance guaranteed, discretionary, or tied to signing a release of claims?</li></ul></div><h2 class="wsite-content-title"><font size="6">4. Non-Compete and Non-Solicitation Clauses</font><br></h2><div class="paragraph">These provisions can have a major impact on your career if things don't work out.<br><br>A&nbsp;<strong>non-compete agreement</strong>&nbsp;restricts you from working for a competitor or starting a competing business for a period of time after your employment ends. Their enforceability varies significantly by state &mdash; Minnesota and other states have banned most non-compete agreements and refuse to enforce them, while others uphold them if they're reasonable in scope and duration.<br><br>A&nbsp;<strong>non-solicitation agreement</strong>&nbsp;typically prohibits you from recruiting your former colleagues or soliciting the company's clients after you leave.&nbsp;<br><br>&#8203;Before signing, consider: How long does the restriction last? What geographic area does it cover? How broadly is "competition" defined? These details matter enormously.<br></div><h2 class="wsite-content-title"><font size="6">5. Intellectual Property and Confidentiality</font><br></h2><div class="paragraph">Most employment contracts include provisions assigning ownership of work product to the employer. This is standard &mdash; but the scope of those provisions can be surprisingly wide.<br><br>Watch for language that:<br><ul><li>Assigns rights to inventions or creative work you developed&nbsp;<strong>on your own time</strong>, using your own resources</li><li>Defines "confidential information" so broadly it would restrict your ability to use general industry knowledge after you leave</li><li>Prohibits or requires you to disclose side projects or outside work</li></ul><br>&#8203;If you have existing intellectual property, patents, or a side business, you may want to negotiate a carve-out before signing.<br></div><h2 class="wsite-content-title"><font size="6">6. Dispute Resolution and Choice of Law</font><br></h2><div class="paragraph">Many employment contracts include mandatory arbitration clauses, which require you to resolve disputes through private arbitration rather than in court. This limits your ability to bring a lawsuit, participate in a class action, or have your case decided by a jury.<br>&#8203;<br>Also check the&nbsp;<strong>choice of law</strong>&nbsp;and&nbsp;<strong>venue</strong>&nbsp;provisions. If you live and work in Minnesota but the contract specifies that all disputes will be governed by Delaware law and litigated in Delaware courts, that can be expensive and may become a practical barrier to enforcing your rights.<br></div><h2 class="wsite-content-title"><font size="6">7. Modification and Integration Clauses</font><br></h2><div class="paragraph">An&nbsp;<strong>integration clause</strong>&nbsp;(also called a merger clause) states that the written contract is the complete agreement between the parties &mdash; meaning any verbal promises made during the hiring process are not enforceable unless they're in the document.<br>&#8203;<br>If your recruiter or hiring manager made specific commitments about your role, compensation, or working conditions, make sure those commitments are reflected in the written contract before you sign.<br></div><h2 class="wsite-content-title"><font size="6">When to Consult an Attorney</font><br></h2><div class="paragraph">You don't need a lawyer to review every employment contract &mdash; but certain situations call for professional guidance:<br><ul><li>The contract is lengthy, contains legalese, and/or is confusing&nbsp;</li><li>It includes a non-compete or non-solicitation clause</li><li>You're a senior executive negotiating a complex compensation package</li><li>The contract includes equity, deferred compensation, or stock options</li><li>You've been asked to sign a separation agreement or release of claims</li><li>Something in the contract feels unclear or inconsistent with what you were told</li></ul><br>&#8203;Employment contracts are negotiable more often than people realize. An attorney can help you identify problematic provisions, propose alternative language, and understand your rights and risks before you commit.<br></div><div><div id="179648693602309640" align="center" style="width: 100%; overflow-y: hidden;" class="wcustomhtml"><a href="https://app.acuityscheduling.com/schedule.php?owner=39139156&amp;ref=booking_button" target="_blank" class="acuity-embed-button" style="background: #5fb8b9; color: #fff; padding: 8px 12px; border: 0px; -webkit-box-shadow: 0 -2px 0 rgba(0,0,0,0.15) inset;-moz-box-shadow: 0 -2px 0 rgba(0,0,0,0.15) inset;box-shadow: 0 -2px 0 rgba(0,0,0,0.15) inset;border-radius: 4px; text-decoration: none; display: inline-block;">Schedule an Employment Contract Review</a><link rel="stylesheet" href="https://embed.acuityscheduling.com/embed/button/39139156.css" id="acuity-button-styles"></div></div>]]></content:encoded></item><item><title><![CDATA[How to Negotiate a Severance Agreement in Minnesota]]></title><link><![CDATA[https://www.smithlawmpls.com/updates/how-to-negotiate-a-severance-agreement-in-minnesota]]></link><comments><![CDATA[https://www.smithlawmpls.com/updates/how-to-negotiate-a-severance-agreement-in-minnesota#comments]]></comments><pubDate>Mon, 01 Jun 2026 07:00:00 GMT</pubDate><category><![CDATA[Severance Agreements]]></category><guid isPermaLink="false">https://www.smithlawmpls.com/updates/how-to-negotiate-a-severance-agreement-in-minnesota</guid><description><![CDATA[Losing a job is stressful enough. Then your employer slides a severance agreement across the table or into your inbox, and you’re asked to decide whether to sign away your legal rights in exchange for a few weeks’ pay.​Here’s what Minnesota employees need to know before they sign anything.&nbsp;You don’t have to sign right away.​First, take a breath. A severance agreement is a contract, and you have time to review it. Under federal law, employees over 40 years old are entitled to 21  [...] ]]></description><content:encoded><![CDATA[<div class="paragraph">Losing a job is stressful enough. Then your employer slides a severance agreement across the table or into your inbox, and you&rsquo;re asked to decide whether to sign away your legal rights in exchange for a few weeks&rsquo; pay.<br>&#8203;<br>Here&rsquo;s what Minnesota employees need to know before they sign anything.&nbsp;<br></div><div><!--BLOG_SUMMARY_END--></div><h2 class="wsite-content-title"><font size="6">You don&rsquo;t have to sign right away.</font></h2><div class="paragraph">&#8203;First, take a breath. A severance agreement is a contract, and you have time to review it. Under federal law, employees over 40 years old are entitled to 21 days to review their severance agreement, 45 days if there is a group layoff. Under Minnesota law, you usually have a right to revoke your signature within 15 days of signing. So, don&rsquo;t let anyone rush you. An employer pushing you to hurry up and sign is a red flag.&nbsp;<br></div><h2 class="wsite-content-title"><font size="6">Understand what you&rsquo;re giving up.</font><br></h2><div class="paragraph">Severance agreements almost always include a release of claims, meaning you agree to waive your right to sue the company for any claims against it. This includes employment-related claims such as wrongful termination, discrimination, unpaid wages, and retaliation.&nbsp;<br>&#8203;<br>This release has real value: it is what the employer is paying you for. Before you sign it away, you should understand whether you have any claims worth pursuing, and whether the severance offered is fair compensation for giving them up.&nbsp;<br></div><h2 class="wsite-content-title"><font size="6">What&rsquo;s actually negotiable?</font><br></h2><div class="paragraph">Many employees assume the severance offer is take-it-or-leave-it. It rarely is. Common items that can often be negotiated include:<br><ul><li><strong>The severance amount</strong>. There is no standard formula for calculating severance. Your tenure, role, reason for termination, and leverage all affect what&rsquo;s reasonable to ask for.&nbsp;</li><li><strong>Health insurance continuation</strong>. If you&rsquo;re enrolled in the company&rsquo;s health plan and would like to elect COBRA coverage, you can ask them to cover COBRA premiums for a period of time rather than leaving you with the full cost.&nbsp;</li><li><strong>Equity and bonuses</strong>. Any unvested stock or unpaid bonuses should be addressed. These can often be left out of initial offers, but can often be raised during negotiations.&nbsp;</li><li><strong>Non-disparagement clause</strong>. Many agreements will include language preventing you from saying anything negative about the company. These can be really broad and confusing, and create more questions than answers. They are also usually silent about what the company can say about you. Ask for the non-disparagement clause to be mutual.&nbsp;</li><li><strong>References</strong>. Get clarity on who you can list as a reference, how they can be contacted, and what they can say. A neutral reference policy (confirming only dates of employment and position) may not serve you well.&nbsp;</li><li><strong>Outplacement services</strong>. Some employers offer career coaching or job search support. If it&rsquo;s not in your offer, it may be worth asking.</li><li><strong>Non-compete clauses</strong>. Non-compete agreements in Minnesota are now largely unenforceable. If the employer is trying to limit where and with whom you can work, you should speak to an attorney about it. There may be ways to narrow or eliminate these clauses.&nbsp;</li><li><strong>Non-solicitation and confidentiality clauses</strong>. Many agreements prevent you from recruiting or soliciting the company&rsquo;s employees and customers. If these clauses seem overbroad or will stop you from finding work, it may be worth asking to narrow or clarify these restrictions.&nbsp;</li></ul></div><h2 class="wsite-content-title"><font size="6">Minnesota-Specific Considerations</font><br></h2><div class="paragraph">Minnesota has employment laws that may give you additional rights and strengthen your position.<br><ul><li><strong>The Minnesota Human Rights Act</strong>. This law covers a broad range of discrimination, protecting more groups than federal law. It also protects you from retaliation for reporting discrimination.&nbsp;</li><li><strong>Wage Theft Protections</strong>. Minnesota has expansive protections in place against stealing your wages, including PTO if your employer&rsquo;s policy requires it.&nbsp;</li><li><strong>Non-compete agreements</strong>. Most are unenforceable in Minnesota. If you&rsquo;re severance agreement includes one, that&rsquo;s worth knowing.&nbsp;</li></ul></div><h2 class="wsite-content-title"><font size="6">How to Approach the Negotiation</font><br></h2><div class="paragraph">Once you understand what you&rsquo;re signing, here is a practical guidelines for what to do next:<br><ul><li><strong>Don&rsquo;t respond emotionally</strong>. Even if the offer feels insulting, respond professionally. Though it may feel personal, you&rsquo;re negotiating a business deal.&nbsp;</li><li><strong>Ask for more time if you need it</strong>. Especially if the company did not give you enough time to review the severance agreement or if you need additional time to find a lawyer, ask for more time to review.&nbsp;</li><li><strong>Know your leverage</strong>. Do you have potential legal claims? A specialized skill that&rsquo;s hard to replace? These may strengthen your position.&nbsp;</li><li><strong>Make your counteroffer in writing</strong>. It&rsquo;s usually best to write down your requests in an email. It makes a record and gives you time to think through what you&rsquo;re requesting. If you counter in person follow up in writing to make a paper trail.&nbsp;</li><li><strong>Be specific</strong>. Requesting an additional four weeks of severance and mutual non-disparagement language is more effective than &ldquo;I was hoping for more.&rdquo;</li><li><strong>Don&rsquo;t accept verbal assurances</strong>. If the company agrees to something, it needs to be included in the written agreement before you sign.&nbsp;</li></ul></div><h2 class="wsite-content-title"><font size="6">Get a Lawyer to Review It First</font><br></h2><div class="paragraph">&#8203;Here&rsquo;s the most important tip on this page: Before you sign a severance agreement, have an employment attorney review it.&nbsp;<br>A severance agreement is a legal document with potentially significant consequences. An attorney can:<ul><li>Cut through the legalese and understand what you&rsquo;re signing&nbsp;</li><li>Identify claims you may have&nbsp;</li><li>Flag risky or problematic clauses in the agreement</li><li>Discuss negotiation points and strategy</li></ul>Many employees assume an attorney will cost more than the severance is worth. That&rsquo;s often not true, especially with flat-fee employment attorneys who charge a set amount for severance review. Paying the flat fee for a thorough review before signing away your legal rights is almost always worth it &ndash; both for financial reasons and peace of mind.&nbsp;&nbsp;</div><div class="paragraph"><span style="color:rgb(63, 63, 63)">Have a severance agreement you need reviewed? We offer flat-fee severance review for Minnesota employees, a valuable service at a transparent price &ndash; no hourly billing surprises. Schedule your flat-fee severance review online today and be consulting with an experienced employment lawyer in no time.&nbsp;</span>&#8203;</div><div><div id="921744082714715135" align="center" style="width: 100%; overflow-y: hidden;" class="wcustomhtml"><a href="https://app.acuityscheduling.com/schedule.php?owner=39139156&amp;ref=booking_button" target="_blank" class="acuity-embed-button" style="background: #5fb8b9; color: #fff; padding: 8px 12px; border: 0px; -webkit-box-shadow: 0 -2px 0 rgba(0,0,0,0.15) inset;-moz-box-shadow: 0 -2px 0 rgba(0,0,0,0.15) inset;box-shadow: 0 -2px 0 rgba(0,0,0,0.15) inset;border-radius: 4px; text-decoration: none; display: inline-block;">Schedule Flat-Fee Severance Review</a><link rel="stylesheet" href="https://embed.acuityscheduling.com/embed/button/39139156.css" id="acuity-button-styles"></div></div>]]></content:encoded></item></channel></rss>