Deferred Compensation Awards Clarified

Law360, New York (February 8, 2007, 12:00 AM EST) -- On January 11, 2007, the United States Court of Appeals for the Second Circuit issued a decision that affects all employers who provide deferred compensation to employees in the state of New York.

At issue was whether an employer may alter the duties or compensation potential of an at-will employee who has been awarded deferred compensation that is contingent on the employee's agreement not to resign and compete.

The case, Morris v. Schroder Capital Management International, defined the contours of New York’s "employee choice doctrine."...
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