Houston Employment Contract Attorney
When an employer agrees to hire a new employee they may sign a contract of some form defining each party’s role and responsibilities. Even in an act as simple as accepting an employee handbook, the parties have potentially entered into a legally binding agreement. Topics in these contracts can include:
- Copyright information and ownership of works
- Duration of the job
- Duties of the employee
- Grounds for termination
- Limitations on the employee’s ability to compete with your business once the employee leaves
- Non-disclosure and privacy agreements
- Pay rate and amount
- Resolution methods for disagreements
- Maternity/Paternity leave policies
- Extended medical absence policies
Non-compete clauses(NCCs), sometimes referred to as a covenant not to compete(CNC), are an agreement stating that a worker will not enter employment with a competing company or start their own competing business after leaving a company. This is usually limited to a certain geographic area and time span, such as an employee at a printing shop being barred from working at any other printing shop within 50 miles in the next 12 months.
These agreements were established to protect companies from having their information or marketing tactics used to benefit another business. However, there are limits to these agreements, and a judge can invalidate a non-compete agreement if it is deemed unreasonable for the employee. For instance, if the print shop worker was banned from operating at any print shop in the next 10 years the non-compete clause could be considered invalid as it unreasonably restricts the employee’s right to work.
In addition, a non-compete agreement must include due consideration to the employee who is agreeing to limitations on their future opportunities. They can be offered a higher pay rate, a certain level of job security, or other benefits in exchange for this agreement, but this consideration must be considered reasonable for the risk assumed.
If you believe that an employment contract may have been breached or that a non-compete agreement is at issue, the Powers Law Firm is here to help. With litigators experienced in all aspects of employment litigation, our Employment Lawyers can offer the solution you need.