You can agree with us that, at times, getting the right legal representation and finding a good attorney feels like trying to catch a fish while running away from a twenty-foot-high tide, especially when time and money are of the essence and the pressure of getting results before you move too far down the rabbit hole is building up. Certainly, only when you desperately need reliable legal representation, probably not from the types of Saul Goodman, will you understand the importance of having the right attorney by your side. So, are you looking for legal representation? Do you need an attorney with the skills and legal expertise that match your needs? How much do you value your time and hard-earned money? Then look no further because whenever you require legal representation, the Law Offices of Vincent Miletti, Esq., the Strongest Name in Law, got your six.

We are the authoritative force in Employment & Labor Law, providing diverse legal services in both a traditional and online, web-based environment, whether be it for small businesses or large-scale businesses on a panel or a case-by-case basis. Hitherto, serving as primary counsel or cumis counsel, we are not only taking over the industry when it comes to Employment Defense and Employment Practices, but also in Intellectual Property Defense (Trademark, Copyright, and Proprietary Information), Management Side Defense, Regulatory and Compliance, Business Law & Corporate Law, and Professional Liability, among others. Whether serving directly or on behalf of a third party (EPLI, D&O, E&O), we stay unusually motivated® to take on all your needs!

Operating in Brooklyn, New York, the larger New York City, and New York State, as well as in the firm’s new office located in Astoria Queens, your life-changing encounter with Vinny Miletti Esq., the founder and owner of Miletti Law®, whose legal expertise, knowledge, and experience has grown immensely over time since the firm first opened its doors is just an email and/or a call.

Still, in addition to providing legal services, you can concur with us that information is power, and, as such, we have diligently committed ourselves to creating a range of authoritative, trustworthy, and engaging content available on our website and social media platforms. In this regard, feel free to visit and follow us on Facebook, Instagram, Twitter, Yelp, and LinkedIn via the website, as well as subscribe to our Blog, YouTube Channel, and News Letter through and, and, respectively, to enjoy such content aimed to keep our unusually motivated® readers informed about how diverse legal issues affect them and/or their businesses.

In this regard, this blog is Part XXI of our series, “Key Employment Law Issues for Businesses & Companies in New York.” In Part XX, we hammered on filing and reporting requirements and mentioned that, including other key responsibilities, employers are required, among other legal obligations, to take proactive measures and steps to ensure compliance with federal law whenever they hire new employees. We also added that pursuant to the U.S. immigration law, employment verification for every employee must be conducted at the time of hire with the aim of providing authorization that an employee is permitted to work in the United States.

To move this discussion forward, this blog is titled “New York Labor & Employment Law on Drafting Letters of Offer & Agreement During New Employee Hiring & Onboarding,” and is a review of things employers should consider when it comes to serving letters of offer and agreement during the hiring and onboarding of new employees.

New York Labor & Employment Law on Drafting Letters of Offer & Agreement During New Employee Hiring & Onboarding

To start with, while employers should routinely use them to codify issues such as restrictive covenants and notice requirements that dictate obligations for employees in the course of or following the separation of employment, letters of offer and agreements help to prevent disputes between employees and employer in matters such as the terms and conditions of employment, code of conduct, and compensation.

Firstly, pursuant to N.Y. Lab. Law § 195 of New York’s Wage Theft Prevention Act, employers in New York should provide new hires with written notice of compensation plans and any other information related to such employee benefit(s). This implies that as part of compliance with the law, such information should be incorporated in letter(s) of offer and agreement.

Secondly, employers should, as a best practice, ensure that letter(s) of offer and agreements include(s) provisions for arbitration in case disputes arise. However, employers should be aware that parties cannot be required, under an agreement, to submit to all employment discrimination claims, which require mandatory arbitration. Except in cases where they do not align with the applicable collective bargaining agreement or do not align with inconsistent with federal law, N.Y. C.P.L.R. § 7515 renders void any clause requiring mandatory arbitration. Employers should be aware that in a past lawsuit, the compulsory arbitration clause ban in New York was ruled, by a federal district court, to have been preempted by the Federal Arbitration Act.

Lastly, employers should, as another good practice, ensure that the letter(s) of offer and agreement specifically indicates, whenever this is the case, that employment is at-will. Most importantly, employers in New York may wish to add a provision choice of law that would be applicable to New York law, especially since disputes between employees and employers are common in the workplace.

In Part XXII of the series, we will, in our blog titled “New Employee Hiring & Onboarding: Notice & Posting Requirements,” hammer on what employers, particularly new ones, should be cognizant of and consider when it comes to requirements for notice and posting of new hires.

As usual, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.