Source: https://polauflaw.com/fees-services/employment-contracts/

Advice, Contracts & Documentation

# Employment Contracts & Severance Agreements

## Connecticut Restrictive Covenants & Contract Standards

Connecticut courts evaluate non-compete and non-solicitation covenants under a common-law five-factor reasonableness test: the employer's protectable business interest, the temporal duration, the geographic scope, the degree of restriction on the worker's ability to pursue a livelihood, and the public interest. Unlike jurisdictions that freely "blue pencil" or reform overbroad restraints, Connecticut trial courts may declare an unreasonable covenant entirely unenforceable.

Specific professions face strict statutory prohibitions: physician non-competes are capped at one year and 15 miles under CGS § 20-14p[1](<https://polauflaw.com/fees-services/employment-contracts/#fn-1>) and are void if employment terminates without cause, while broadcast industry non-competes are banned outright under CGS § 31-50b[2](<https://polauflaw.com/fees-services/employment-contracts/#fn-2>). In separation agreements, the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f), mandates strict statutory formalities to release ADEA age discrimination claims: 21 days for individual consideration (45 days in group terminations), a 7-day post-execution revocation period, and clear written advice to consult an attorney.

OWBPA Statutory Mandates: Age Discrimination Waivers

Releases of federal age discrimination claims under 29 U.S.C. § 626(f) require strict compliance: 21 days of consideration (45 days for group terminations), a 7-day revocation window, explicit counsel admonitions, and valid consideration. Non-compliant releases fail to bar subsequent ADEA claims.

## For Employers

I draft and structure executive contracts, offer letters, restrictive covenant agreements, and separation releases. Drafting focuses on legal enforceability: tailoring non-compete geography and duration to protect legitimate trade secrets or customer goodwill, aligning bonus and commission terms with Connecticut wage payment rules under CGS § 31-71b, and drafting releases that satisfy OWBPA and Title VII standards.

I also advise on mandatory arbitration clauses, ensuring compliance with federal limitations under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Pub. L. 117-90).

## For Employees

I advise executives, professionals, and employees before signing employment contracts, non-competes, or severance agreements. My review identifies whether restrictive covenants are vulnerable under Connecticut's five-factor test or choice-of-law principles, whether bonus or commission language unlawfully forfeits earned compensation upon separation, and whether offered severance adequately compensates for waived claims.

For workers who have already signed separation documents, I evaluate whether release agreements contain fatal OWBPA defects, lack consideration, or were executed under duress.

## Authorities Cited

1. CGS § 20-14p [↩](<https://polauflaw.com/fees-services/employment-contracts/#fnref-1>)

2. CGS § 31-50b [↩](<https://polauflaw.com/fees-services/employment-contracts/#fnref-2>)

[Employment Compliance & Pre-litigation Counsel](<https://polauflaw.com/fees-services/legal-consulting/>)[Worker Misclassification](<https://polauflaw.com/fees-services/worker-misclassification/>)[CHRO / EEOC Charges & Proceedings](<https://polauflaw.com/fees-services/chro-eeoc/>)

Past Experience

- Non-compete and non-solicitation drafting, review, and enforceability analysis

- Choice-of-law analysis for restrictive covenant agreements

- Offer letter and employment agreement drafting and review

- Separation agreement drafting for employers (OWBPA-compliant)

- Employee review of separation agreements for enforceability and waiver defects

- Arbitration clause drafting and enforceability analysis

- Leave benefit and employment contract interaction analysis

Fees & Contact

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