Garcia-Martin & Martin, P.C.

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Garcia-Martin & Martin, P.C.

The most common type of clause that is added to non-compete agreements addresses the location of a lawsuit in the event that a dispute over the agreement arises. It also addresses whether there will be any restrictions in terms of filing the dispute, whether arbitration would be required, and what law would apply. For example, when dealing with employers that operate in many different states, it would have to be determined which state law would apply in the event that a dispute arises. There are many additional clauses that can be added to non-compete agreements, and more often than not, they’re in favor of the employer and against the employee. This is why it’s crucial for employees to understand the agreement and all of its provisions from the start.

What Type Of Information Would Be Classified As Confidential?

There is a broad range of information that can be classified as confidential. The most common types of confidential information include customer information, customer preferences, true customer lists, pricing information, marketing information, sales training, and sales information. The caveat is that if a company’s competitor doesn’t know about it and it provides the company with a competitive advantage, then it is likely confidential.

Disputes regarding the issue of whether information is actually confidential arise often. This is because employers don’t alert their employees in writing that they are being provided with what should be considered confidential information.

How Should I Define The Position And Responsibility Of An Employee In A Contract?

It is helpful to both the employer and the employee when there is a mutual understanding as to the employee’s job description, which is definitely something that can change over time. If it does change, then rewriting the job description may be appropriate. If an employee is given a new position, then it would be crucial to determine the employee’s new responsibilities in order to avoid the uncertainties.

What Is A Bona Fide Independent Contractor?

An example of an independent contractor would be someone who operates the human resources department at an IT company in addition to the human resources department at other companies. So, they would not be performing the functions of an IT professional, which is what the company does, but instead they would be adding an ad hoc service that might be for a few hours per day or on an as-needed basis. Independent contractors generally don’t receive all of their income from one employer too.

What Is The Purpose Of Entering A Confidentiality Agreement?

The purpose of entering a confidentiality agreement is to restrict an employee’s use or disclosure of confidential information, whether they’re still in the employment relationship or after the employment relationship has ended. It certainly gives the employer some comfort to know that their information—which has taken time and money to develop—isn’t going to be shared with or used by others for profit.

For more information on Additional Clauses In Non-Compete Agreements, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.

Garcia-Martin & Martin, P.C.

Call For A Case Evaluation
(281) 277-3066