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Answer Upon - Non-Compete Contract Basics - The Employer Perspective
This article could well be just the title.The marketing tip that you will take away for deep thoughts today is this,Are you doing targeted marketing?Let us take this marketing tip a step further, and to share with you a story that I heard.In fact it is an email that I received from my distant mentor.He was in town recently to conduct a Targeted Traffic Generation 1-day workshop where he shared wholeheartedly on his daily routine and his action plans.That aside, he mentioned about being introduced to the King Of Fruits called Durian.I am not sure if you are familiar with Durian, it is a fruit the size of a coconut, green in colour on the outside with spikes. And it contains about 6-9 durian pieces depending on the size of the entire fruit. Each individual piece has a huge seed at its core with yellow “meat” of the fruit surrounding it.The main point of discu
1. Protecting legitimate trade secrets. This is information held by a company which is not generally known or available to the public, provides a strategic advantage in the market and is actively protected by the company;
2. Protecting confidential information. This is information which may not reach trade secret status but is still protected at a significant level by the company and which gives the company a competitive advantage. Confidential information might include com
Pet insurance covers all veterinary costs in case your pet is ill or needs some care. Several insurance policies also pay a sum of money if your pet dies, lost or stolen. Insurance companies offer complete dog and cat insurance coverage at very competitive rates. Generally pet insurance policy pays for unexpected illness, accidents, injuries, or some other emergencies viz. doctor visits, prescriptions, x-rays, lab fees or diagnostic tests etc.Pet insurance is an easy way to cover all unexpected expenses of your pet. The pet owner will have to pay some amount against any claim. Pet insurance doesn’t pay for preventive veterinary care or elective veterinary care. Usually pet insurance is available for cats and dogs only but sometimes some special insurance is available for horses also. In developed countries all pet owners cut their pets’ expenses with the help of pet insurance.Details of each and ev
I previously authored an article for MITECHNEWS.com on non-compete contracts from an employee perspective. This article will address non-compete and non-solicitation agreements from the employers point of view.
In 1987, the Michigan Legislature passed Section 4(a) of the Anti-Trust Reform Act, which declared that it is the public policy in the State of Michigan to enforce reasonable non-competition and non-solicitation provisions in employment contracts. Prior to this statute, non-compete and non-solicitation agreements were generally disfavored in the State of Michigan-by-Michigan courts. Judges viewed them as generally non-competitive and potentially as anti-trust violations in that they restricted free trade. Judges are now instructed by the Michigan legislature to enforce non-compete agreements to the extent that they are reasonable in terms of geography, scope, duration, and other terms.
The most important thing for any employer to know is that they cannot simply have people sign these agreements for the sole purpose of stopping them from obtaining other employment, even a direct competitor. It is well settled that only a legitimate business interest may be protected by a non-competition covenant. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?" So what is a legitimate business purpose? A legitimate business purpose can be any number of things ranging from:
1. Protecting legitimate trade secrets. This is information held by a company which is not generally known or available to the public, provides a strategic advantage in the market and is actively protected by the company;
2. Protecting confidential information. This is information which may not reach trade secret status but is still protected at a significant level by the company and which gives the company a competitive advantage. Confidential information might include comp
I had a discussion recently with one of my newsletter subscribers. He brought up the topic of forex and made the inquiry "isn't that mainly a professional market?", which is something I've heard a great many times.Certainly forex used to be pretty much exclusively the domain of the pros. It was very difficult for the individual trader to play that market. Starting in the late 1990s, though, that began to change. Individual trading accounts become more readily available. Since then there has been an explosion in forex brokersThe great thing about that development is its impact on part-time traders. Forex is a fantastic part-time trading market. It operates 24-hours, so one can trade at any time of day or night. That literally means you can “day trade” at any time of day, if such is your interest. You aren’t redistricted to standard daytime market hours, which don’t work for many people.There
In 1987, the Michigan Legislature passed Section 4(a) of the Anti-Trust Reform Act, which declared that it is the public policy in the State of Michigan to enforce reasonable non-competition and non-solicitation provisions in employment contracts. Prior to this statute, non-compete and non-solicitation agreements were generally disfavored in the State of Michigan-by-Michigan courts. Judges viewed them as generally non-competitive and potentially as anti-trust violations in that they restricted free trade. Judges are now instructed by the Michigan legislature to enforce non-compete agreements to the extent that they are reasonable in terms of geography, scope, duration, and other terms.
The most important thing for any employer to know is that they cannot simply have people sign these agreements for the sole purpose of stopping them from obtaining other employment, even a direct competitor. It is well settled that only a legitimate business interest may be protected by a non-competition covenant. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?" So what is a legitimate business purpose? A legitimate business purpose can be any number of things ranging from:
1. Protecting legitimate trade secrets. This is information held by a company which is not generally known or available to the public, provides a strategic advantage in the market and is actively protected by the company;
2. Protecting confidential information. This is information which may not reach trade secret status but is still protected at a significant level by the company and which gives the company a competitive advantage. Confidential information might include com
Good overall optimization, the right keyword phrases and quality content play the key roles in the success of any web design project. Link Popularity and Google PageRank are almost secondary for the overall success of a website.Here is an example. I recently took advantage of a free service offered by a competing SEO firm. It was for a Free Keyword Analysis. Sounds like a great deal, we charge $129 for the service and it’s almost a give-away. I wanted to see what they were offering for free so I inserted the URL of one of our clients, fkpfishing.net in the form, added my personal e-mail address and hit enter.When I received the e-mail results a couple days later (quick by any standard) I was told that the site's link popularity is very low and that it is not optimized for the keyword “float tube” as well as it should be. They also informed me that the site's Google PageRank is only 4/10.Link
The most important thing for any employer to know is that they cannot simply have people sign these agreements for the sole purpose of stopping them from obtaining other employment, even a direct competitor. It is well settled that only a legitimate business interest may be protected by a non-competition covenant. If the sole purpose is to avoid ordinary competition, it is unreasonable and unenforceable. If the agreement is ever challenged in court, the most important question, which will be posed from the Judge to the employer, is "What is the legitimate business purpose that is served by this non-compete agreement?" So what is a legitimate business purpose? A legitimate business purpose can be any number of things ranging from:
1. Protecting legitimate trade secrets. This is information held by a company which is not generally known or available to the public, provides a strategic advantage in the market and is actively protected by the company;
2. Protecting confidential information. This is information which may not reach trade secret status but is still protected at a significant level by the company and which gives the company a competitive advantage. Confidential information might include com
What's An Affiliate Program?An affiliate program is where an owner of a service or product, gives you a commission for doing a certain task, mainly generating sales for their product or service, but it can be per click through to their site, or subscriptions to their newsletter etc. For example, my webhost has an affiliate program, so if I tell people to go there and sign up I'll earn a commission on that sale. I wouldn't ever recommend anything that isn't top notch, so they deserve the recommendation, and you deserve the best webhost out there. So you win because you got a product that has been tried and tested so you know what you're going to get is good quality, I win because I make a commission and have made a visitor to my site happy, and my webhost wins because they have a new customer.So Everyone wins and everyone's happy.So Why Isn't Everyone Doing It?Mainly beca
1. Protecting legitimate trade secrets. This is information held by a company which is not generally known or available to the public, provides a strategic advantage in the market and is actively protected by the company;
2. Protecting confidential information. This is information which may not reach trade secret status but is still protected at a significant level by the company and which gives the company a competitive advantage. Confidential information might include com
What does a company want to find out about you when they interview you? What are they trying to find out when they evaluate and assess you?In most cases, hiring staff or temporary workers starts out with a job description. Someone sat down and consciously thought of what skills and experience they needed on their staff. As such, most firms hopefully start off by assessing for competence (I say “hopefully” because so many people report that they work with incompetent colleagues). Hopefully an employer has developed a series of questions that help them evaluate and assess skills competency for the skills that are needed.But skills competency is only one element of what a company is assessing for. These all fall into the category of soft skills—hard to assess for qualities that differentiate one person from another.The second “c” that companies look for is chemistry. How do you fit in to the fi
1. Protecting legitimate trade secrets. This is information held by a company which is not generally known or available to the public, provides a strategic advantage in the market and is actively protected by the company;
2. Protecting confidential information. This is information which may not reach trade secret status but is still protected at a significant level by the company and which gives the company a competitive advantage. Confidential information might include company strategy information, internal communications concerning pricing or market strategy, long term plans of the company in the areas of marketing, pricing, deployment, development or other issues;
3. Protecting an investment in an employee or consultant in terms of special training or development. If a company send an employee to special training, or provides internal training which represents a cost to the company, courts are often willing to protect that investment by enforcing non-compete contracts; and
4. Protecting other business interests such as loss of clients, good will, reputation, seeing that contracts with clients continue, and referral sources.
What is clear is that the higher up the "food chain" an employee is at a company, the more willing courts are to enforce non-compete agreements. Upper level employees are typically exposed to more confidential, trade secret, strategic and other information that gives a company a competitive advantage in the market place. The lower down the food chain an employee is, the less likely a court is to enforce non-compete and non-solicitation terms. It should also be noted that courts are very willing to enforce broad and comprehensive non-compete terms on company owners who sell their company to a new owner. Courts recognize that part of the consideration of a company purchase is to preclude the prior owner from then directly competing against the new owner in the marketplace.
Other factors which affect a court’s willingness to enforce a non-compete include whether or not additional consideration was provided to the employee as part of the non-compete arrangement. While additional money is not required by courts in order to make non-competes enforceable, I typically advise companies who are very serious about their non-compete agreements to do something by way of additional consideration in order to increase the likelihood that the non-compete will be enforced.
If a former employee or consultant challenges a non-compete in court, the employer should be very proactive in providing the detail necessary
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