Mark W. Biggerman, Attorney at LawMark W. Biggerman, Attorney at Law2026-09-04T17:23:13Zhttps://www.mblegal.com/feed/atom/WordPress/wp-content/uploads/sites/1304228/2025/09/cropped-mbiggerman-siteicon-512px-32x32.jpgOn Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[What are the benefits of using noncompete agreements?]]>https://www.mblegal.com/?p=477502026-09-03T18:05:17Z2026-09-03T18:05:17ZA noncompete agreement means that an employee who leaves a business cannot immediately start working for the competition. Often, they are also prohibited from starting a competing business themselves.
This does not necessarily mean that the agreement lasts forever. There can be limitations, which may be based around geography or time. An employee may be barred from starting a competing business in the same city for a year after leaving employment, for instance. But after that year expires, they have the freedom to do as they wish.
Maintaining the workforce
One of the clear benefits of a noncompete agreement for the employer is that it helps them keep their workforce consistent. If there is less turnover, the business can operate more efficiently.
Keeping talent in-house
Some businesses pay a significant amount of money to train their own employees. They may offer certain benefits, such as paying for them to get certifications or increase their education. A noncompete agreement helps to keep these talented employees in-house and means that the company is investing in itself, not the competition.
Protecting the value of the company
In some cases, such as during a sale, a merger or an acquisition, it is important to maintain the value of that company while it goes through the transaction. A noncompete agreement can help by keeping the workforce together and ensuring that employees do not simply jump to the competitor and reduce the value of the business.These are just three potential reasons to consider noncompete agreements in employment contracts. Employers need to know what legal steps to take to set everything up correctly.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Can you reduce the chance of business litigation?]]>https://www.mblegal.com/?p=477442026-08-25T01:27:41Z2026-08-25T01:27:41ZIn business, conflicts are inevitable – but litigation might not have to be.
While you cannot control other people’s actions, you can take steps to reduce the possibility that they file a lawsuit against you – or that you need to file one against them. Here are a few ways you can do this:
Be rigorous about making contracts
The only thing as problematic as a badly written contract is having no contract at all. When you have a clearly written document to fall back on, it is easier to settle any disputes that arise between you and another party. Clear, well-drafted agreements that outline everybody’s expectations and any exceptions that have been negotiated are designed to limit litigation.
Create rules that you can live by
Written company policies on everything from your employees’ code of conduct and your disciplinary system to internal operating procedures protect both the company and your workers. If you have specific plans in place and adhere to them across the board when dealing with challenging situations, you’re far less likely to experience discrimination claims and allegations of wrongful termination.
Think about how others might see things
It can help to try to consider how certain actions might be viewed by others. What you may see as fine could be taken as unethical or illegal by someone else. That is why it is often worth consulting with others who are not afraid to tell you when a particular move could prove problematic. Optics count.Legal guidance can be of great help in this and other business matters. If you’re in business for yourself, it’s always wisest to have assistance behind the scenes.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Common examples of workplace retaliation]]>https://www.mblegal.com/?p=477422026-08-10T17:10:56Z2026-08-10T17:10:56ZMost employees already know that workplace discrimination and harassment are illegal. What they might not realize is that the law also protects workers who report those problems or exercise certain legal rights.
When an employer punishes an employee for engaging in protected activity, such as reporting misconduct, that punishment may be considered unlawful retaliation. Understanding what retaliation looks like can help them recognize when an employer’s actions cross the line from a legitimate business decision into unlawful conduct.
What is workplace retaliation?
Workplace retaliation occurs when an employer responds negatively toward an employee because the employee engaged in a legally protected activity, such as:
Reporting discrimination or harassment
Filing a complaint with human resources
Participating in an internal investigation
Reporting wage violations
Requesting a reasonable accommodation for a disability
Taking protected leave
Termination is one of the clearest examples of possible retaliation. For example, an employee reports sexual harassment to human resources. A couple of weeks later, the employee is fired for “poor performance,” even though, up until this point, the employee had received positive performance reviews.While the timing doesn’t automatically prove retaliation, it may raise questions about the employer’s stated reason for the termination.But termination isn’t the only form of workplace retaliation. Some employees may notice a dramatic change in their performance evaluations after making a complaint. They have consistently received positive reviews. Suddenly, they are being criticized for issues that were never mentioned before. If the employer can’t provide documentation showing these issues existed before the protected activity, the negative review may be used as evidence in a retaliation claim.Retaliation can also involve:
Demotion
Loss of responsibilities
Cutting hours
Changing schedules
Excluding an employee from opportunities
Increased scrutiny
Threats or intimidation
If you believe your employer is retaliating against you, it’s essential to act early in protecting your rights. Document what has occurred and obtain copies of relevant emails, text messages and performance evaluations. Speak with a legal professional who can review the facts of your situation and determine if your employer has engaged in unlawful actions.
]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[What type of benefits should be addressed in a contract?]]>https://www.mblegal.com/?p=477412026-07-24T11:16:16Z2026-07-24T11:16:16ZAn employment contract often starts by addressing the main terms of the business relationship. This includes the position the person will hold, the duration of the contract and the amount of compensation they are due. Some employees are given a salary, for instance, while others are given a specific hourly wage.
However, this contract can also address certain benefits that the employee will receive. It can specify sick time, vacation time and other types of paid time off. The contract ensures that both sides understand what obligations and options the employee has once they sign the document.
Health coverage
Furthermore, basic health coverage is often offered as part of a benefits package. This could include medical coverage, dental coverage and other types of insurance. In some cases, there will be a single medical and dental plan, but other employers will offer separate plans for different areas.
Retirement planning
Many employees are looking for a retirement plan, which may be sponsored by their employer. Although relatively rare in the modern era, some employers offer pension plans that will pay out when an employee retires. Many modern employers will offer retirement plans where they match the contributions made by the employee.
Severance packages
Finally, some employees will be given a severance package. If they decide to part ways with the company, they are guaranteed a certain level of financial compensation. For instance, an employee may want a severance package that pays them a year's wages so that they do not face financial hardship while looking for another job.Naturally, every employment contract is different, but it is crucial for both sides to understand exactly how the agreement is written and what obligations it creates. It can be helpful to work with an experienced attorney while drafting these documents or addressing a dispute.
]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[When AI hiring tools discriminate against certain groups]]>https://www.mblegal.com/?p=477402026-07-14T00:44:03Z2026-07-14T00:44:03ZHumans create AI software
AI software is far from infallible. It gleans information from humans who program it and also from content shared online in many cases. Early research into the impact of AI hiring systems has shown warning signs that software can be as discriminatory as humans by unfairly limiting the opportunities of certain groups of applicants.
In some cases, applicants denied opportunities with companies that use AI screening might be able to claim discrimination based on disparate impact. While there may not have been an intention to discriminate, the company's practices still had more of an impact on one group of people as opposed to others. Discrimination in hiring blocks people from opportunities.
Reviewing suspicions of discrimination and any documentation backing those concerns with an employment law attorney can help frustrated workers explore whether they may have experienced actionable hiring discrimination due to the systems used by a company. A lawyer can help negotiate with employers or take legal action, if necessary, in the pursuit of justice.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Prevent scope creep with airtight contracts]]>https://www.mblegal.com/?p=477392026-07-10T23:46:05Z2026-07-10T23:46:05ZCompany owners want satisfied clients that help grow their businesses by word-of-mouth. Keeping their customers happy is inherently part of the job. But savvy business owners soon learn that some customers try to push the envelope when it comes to add-ons and do-overs.
But time and materials are not unlimited on the job. Agreeing to requests for changes to the original plans can quickly put a serious dent in a company’s bottom line. It can also play havoc with the scheduling of subs. Find out how you can stop scope creep before it starts.
Update contracts that lack clarity
Get a legal review of your contracts periodically to ensure that they reflect all current laws and circumstances that affect your business. Pay particular to the phrasing in contracts and work orders. Using “shall” instead of “may” is a different legal concept entirely.
Detail change request process
Be certain that your contracts state just who must sign off on any proposed changes to the agreed-upon work order, as well as the consequences of carrying out the changes (financial and otherwise).Insisting on signatures at each stage of the construction process limits passing the buck. No approval, no changes.
When you may want to acquiesce
Asking for an additional skylight is not the same as requesting removal of a load-bearing wall. General contractors may find that granting an inconsequential request by the client goes a long way in generating goodwill for your brand.Including a clause like “or at the discretion of the general contractor” allows owners to comply with reasonable client requests. The already-signed contract should prevent any problems from cropping up.
Is it time for a contract review?
If scope creep poses problems for your bottom line, it may be time to review the contracts you use. Doing so now can prevent costly mistakes later.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Invisible disabilities in the workplace]]>https://www.mblegal.com/?p=477382026-06-21T03:40:00Z2026-06-21T03:40:00ZUnderstanding hidden conditions and employee rights
Invisible disabilities include a wide range of physical, neurological and mental health conditions that may not be obvious during everyday interactions. Examples can include:
Autism
Anxiety disorders
Depression
Chronic pain disorders
Although these conditions and many others may not be visible, they can still affect an individual's ability to perform certain job duties or navigate workplace expectations in ways that someone without an invisible disability might be able to.
Employees with invisible disabilities are often protected by federal and state anti-discrimination laws. Under the Americans with Disabilities Act (ADA), qualified employees may be entitled to reasonable accommodations that help them perform essential job functions. Depending on the circumstances, accommodations may include modified work schedules, remote work options or adjustments to workplace policies. Employers generally must engage in an interactive process to make appropriate accommodations when requested.
Unfortunately, workplace discrimination can still occur when employers or coworkers make assumptions about a person's abilities, medical condition or need for accommodations. Some employees may hesitate to disclose a disability out of concern that they will be treated differently or overlooked for advancement opportunities. When workers experience unfair treatment because of a disability, legal protections can provide options for addressing the situation and protecting their rights.
Employees who believe they have faced disability-related discrimination can benefit from seeking guidance about their legal options. Speaking with an experienced legal professional can help clarify available protections and determine the most appropriate path forward.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Has a landlord resisted attempts to pivot a struggling business?]]>https://www.mblegal.com/?p=477372026-06-08T18:54:31Z2026-06-08T18:54:31ZDoes a lease include a use clause?
Landlords sometimes require that commercial tenants disclose the specific function the company performs. In scenarios where the lease describes the type of business, it may also require the tenant to adhere to that specific business model in a use clause.
Commercial leases may require renegotiation in cases where tenants intend to perform different functions than the business concept outlined in the lease. In some cases, landlords may not cooperate with that process. Their adherence to the lease as written may leave tenants unable to adjust business functions and at risk of continued insolvency.
Understanding how commercial leases might affect business operations and limit attempts to rebrand can help those who seek to rebuild a business or may help tenants avoid signing unfavorably restrictive leases in the first place. Business tenants can benefit from legal guidance in reviewing a lease, negotiating with a landlord or finding ways to pivot company operations that do not violate a lease’s use clause.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[What should employees know about retention bonus agreements?]]>https://www.mblegal.com/?p=477292026-05-26T14:16:55Z2026-05-26T14:16:55ZEmployees are sometimes approached with contracts that provide them with specific benefits for certain actions. One of these is a retention bonus agreement, which is a contract that offers an employee extra compensation for remaining with the employer through a specific time period or event.
It’s common for a retention bonus agreement to be presented as part of a merger, acquisition, leadership changes or major projects. Some employers recognize the value of having trusted and key employees in place throughout these types of turbulent situations.
Terms must be outlined clearly
An employee who’s presented with a retention bonus agreement may focus heavily on the amount of the bonus, but that’s not the only thing they should review. They should also look at the specific terms that are tied to the bonus. These should be as clear as possible so there’s no ambiguity about what’s required for the employee to receive the bonus. The agreement should outline the amount of the bonus, the retention dates, and the bonus payment date. Some contracts may have installments of the bonus as specific milestones, but others offer a lump sum at the end of the retention period. Another important clause has to do with ending employment. The agreement should clearly spell out what happens if the employee voluntarily quits or is terminated. How terminations without cause and with cause are handled should each be outlined. These agreements can be complex, so it’s often best for employees to have someone help them to review the terms. They should not sign the agreement until they’re completely certain they understand the exact terms included. ]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Why do many LGBTQ+ employees never report discrimination?]]>https://www.mblegal.com/?p=477252026-05-12T10:07:16Z2026-05-12T10:07:16ZWork is supposed to be a place of stability and opportunity. Yet for some LGBTQ+ workers, even small interactions in the workplace can carry stress, uncertainty, and fear.
Discrimination is not always obvious or as dramatic as it may appear on screen. Sometimes it appears through exclusion, repeated comments or subtle behavior that slowly creates a hostile environment over time.
The silence behind workplace discrimination
Studies show that 47% of LGBTQ+ workers have experienced discrimination or harassment at work. Many employees stay silent because they fear retaliation. Reporting discrimination may feel risky when someone depends on their job for financial security. Some workers worry they may be passed over for promotions, receive harsher treatment from management or even lose their position entirely after speaking up.Workplace isolation can make the situation feel even more difficult. Employees who already feel ostracized from coworkers may fear becoming further excluded if they file a complaint. In some workplaces, there may be no visible support system, no openly LGBTQ+ leadership or no confidence that human resources will handle their concerns fairly. When employees feel alone, remaining silent can seem safer than drawing attention to themselves.The emotional toll of discrimination also prevents many people from coming forward. Constant stress, anxiety and fear of conflict can leave workers feeling emotionally exhausted before they ever consider making a formal report. Some individuals may even question whether what they experienced was “serious enough” to justify speaking up, especially if the behavior was subtle or repeated over time rather than one major incident.Working through these issues alone can make anyone feel isolated. Seeking legal guidance can help individuals better understand their rights and give them the confidence to push back against unfair treatment in the workplace. ]]>