Dear Colleague:
I hope that your Thanksgiving holiday was joyful. I had the pleasure of being with my family from out of town who joined us, and it was absolutely wonderful. In our stressful days, I think we often do not have enough time to consider how fortunate we really are. I hope that the rest of your Holiday season will give you ample time to enjoy your family and friends.
Post-employment Restrictions
I have been retained recently in two cases involving post-employment restrictions and I am reminded of several important factors regarding post-employment restrictions. I have represented both employers and employees in these cases and there are a few important factors to keep in mind:
(1) If you are an employer and wish to impose some sort of non-competition agreement on your employee, this must be done clearly at the beginning of employment, and should always be done in the context of an employment agreement or other document that is properly drafted;
(2) It is wise to include a "confidentiality" protection agreement in such restrictions, setting forth clearly what the company considers "proprietary" and what may not be disclosed or used by the former employee after the employment is over.
(3) While courts will generally require that a non-competition agreement be reasonable in its time scope and geographic scope (so that an former employee will be allowed to earn a livelihood), a properly drafted non-competition agreement is critical to safeguard your business and it assets.
If I can help you with any employment issues, please let me know.
Appealing a Property Tax Assessment
As property values have declined recently, I have found that more clients have sought my advice about appealing a property tax assessment. In Maryland, property values are assessed every three years, so any reduction that you are able to receive to a valuation can be significant. If you have received a property tax assessment that seems too high given market conditions, be aware of the following:
(1) The process for appealing the assessment of value is quite simple and there are several steps in the process;
(2) While your appeal must be based on actual valuations and/or sales of comparable properties, you can research this to make sure that the assessor has considered all relevant information. If the comparable properties have been updated, but yours has not, you can present that to the assessor and see if you can get a lower assessment;
(3) Particularly if you own rental or commercial property, you may be able to make the argument that vacancy rates are up in your building or that other factors have caused your property to have a reduced value.
Please contact me if I can assist with any property tax question or other question related to real estate.
Have a wonderful Holiday season!
