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Employee Contracts?
Posted by Steve Okun
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Employee Contracts? August 01, 2005 02:07PM |
Registered: 17 years ago Posts: 59 |
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Re: Employee Contracts? August 02, 2005 12:04AM |
Registered: 17 years ago Posts: 585 |
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Re: Employee Contracts? August 02, 2005 01:03AM |
Registered: 17 years ago Posts: 59 |
<HTML>It has been our experience that all States recognize agreements that are crafted properly with more than a simple non-compete clause. A valid agreement must present both the employer's commitments as well as the employee's commitment, especially when training is involved.
As such, when an employer agrees to hire and train... conditionally in exchange for a guarantee or fair and reasonable protection, the employer can act legally to enforce the agreement. If the agreement defines reasonable assurances of predetermined conduct, the courts have consistently found in support of the mutually accepted agreement as being reasonable for both parties, and thus enforceable.
As well, since an employee might be exposed to sensitive customer data, and other proprietary information and company secrets, the employer can most likely gain significant protection against theft, fraud, and a host of other exposures of that valuable proprietary information.
The agreements we've used have provided ample protection for detailers for decades in most States and have been upheld by numerous courts of law. From a practical perspective, most agreements never need to reach the court stage due to the costly legal intimidation posed towards the violator. And in cases where a third party isi nvolved, usually a new employer, that third party can also risk collateral legal action under the agreement. When opposing attorneys are consulted, they typically advise their client to comply and negotiate an abatement of further legal action.
Have you had experiences contrary to that with your agreement? I'd be happy to share advice.
-Steve
www.SMOKUN.com</HTML>
As such, when an employer agrees to hire and train... conditionally in exchange for a guarantee or fair and reasonable protection, the employer can act legally to enforce the agreement. If the agreement defines reasonable assurances of predetermined conduct, the courts have consistently found in support of the mutually accepted agreement as being reasonable for both parties, and thus enforceable.
As well, since an employee might be exposed to sensitive customer data, and other proprietary information and company secrets, the employer can most likely gain significant protection against theft, fraud, and a host of other exposures of that valuable proprietary information.
The agreements we've used have provided ample protection for detailers for decades in most States and have been upheld by numerous courts of law. From a practical perspective, most agreements never need to reach the court stage due to the costly legal intimidation posed towards the violator. And in cases where a third party isi nvolved, usually a new employer, that third party can also risk collateral legal action under the agreement. When opposing attorneys are consulted, they typically advise their client to comply and negotiate an abatement of further legal action.
Have you had experiences contrary to that with your agreement? I'd be happy to share advice.
-Steve
www.SMOKUN.com</HTML>
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