Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area. For example, suppose a company only operated within a certain city, and the covenant not to compete provided that an employee of the company could not solicit business in the city or within 100 miles of the city if he ever left the employ of the company. Such an agreement would be unreasonable as to its geographical area. The company had no need to be protected regarding such a large geographical area.
A trade secret is a process, method, plan, formula or other information unique to a manufacturer, which has value due to the market advantage over competitors it produces. Use or disclosure of a trade secret by an employee, former employee, or anyone else may be prohibited by a court-ordered injunction. The owner of a trade secret may seek damages against such a person for revealing the secret. Also, when trade secrets are involved in a lawsuit, a "protective order" may be requested from the judge to prohibit revelation of a trade secret or a sealing of the record in the case where references to the trade secret are made. A trade secret is separate from and covered under different law from a patentable invention. Trade secrets include, among others, business assets such as financial data, customer lists, marketing strategies, and information and processes not known to the general public.
Keywords: Kansas, employment agreement, sales and business development manager, business Title: Understanding the Kansas Employment Agreement for Sales and Business Development Manager in Businesses Introduction: In Kansas, employers often utilize employment agreements to establish the terms and conditions of employment with sales and business development managers. This article provides a detailed description of what a Kansas employment agreement entails for individuals taking up the role of a sales and business development manager in various businesses. We will outline the key components, obligations, and types of employment agreements relevant to this managerial position. 1. Key Components of a Kansas Employment agreement for Sales and Business Development Managers: a) Position and Responsibilities: Clearly define the roles, responsibilities, and job title of the sales and business development manager within the business entity. b) Compensation and Benefits: Outline the manager's salary, commission structure, bonuses, and any other additional benefits they are entitled to. c) Termination and Duration: Specify the length of employment, including any probationary periods, notice periods, and termination clauses. d) Confidentiality and Non-Compete: Address the protection of trade secrets, confidential information, and non-compete agreements to safeguard the business's interests. e) Intellectual Property: Define ownership and use of intellectual property related to products developed during the tenure. f) Dispute Resolution: Detail the process for handling conflicts and disputes, including arbitration or mediation if necessary. g) Governing Law: Specify that the agreement will be governed by Kansas state laws. 2. Types of Kansas Employment Agreements for Sales and Business Development Managers: a) Fixed-term Employment Agreement: A contract with a predetermined end date or upon completion of a project. b) Indefinite Employment Agreement: No specific end date is set, and employment can be terminated with proper notice as per the conditions mentioned. c) Probationary Employment Agreement: A trial period to evaluate the manager's performance, typically with special termination provisions. d) Non-Compete Agreement: Restricts the manager from joining a competitor or engaging in similar work for a certain period after termination. e) Commission-Based Employment Agreement: Emphasizes compensation based on sales targets and commission percentages achieved. Conclusion: Sales and business development managers in Kansas work under specific employment agreements that outline the terms of their employment, obligations, and compensation. Understanding these agreements is crucial for both employers and managers to ensure a smooth working relationship and legal compliance. It's important for businesses to consult legal professionals to tailor employment agreements that align with Kansas state laws and address specific business requirements.Keywords: Kansas, employment agreement, sales and business development manager, business Title: Understanding the Kansas Employment Agreement for Sales and Business Development Manager in Businesses Introduction: In Kansas, employers often utilize employment agreements to establish the terms and conditions of employment with sales and business development managers. This article provides a detailed description of what a Kansas employment agreement entails for individuals taking up the role of a sales and business development manager in various businesses. We will outline the key components, obligations, and types of employment agreements relevant to this managerial position. 1. Key Components of a Kansas Employment agreement for Sales and Business Development Managers: a) Position and Responsibilities: Clearly define the roles, responsibilities, and job title of the sales and business development manager within the business entity. b) Compensation and Benefits: Outline the manager's salary, commission structure, bonuses, and any other additional benefits they are entitled to. c) Termination and Duration: Specify the length of employment, including any probationary periods, notice periods, and termination clauses. d) Confidentiality and Non-Compete: Address the protection of trade secrets, confidential information, and non-compete agreements to safeguard the business's interests. e) Intellectual Property: Define ownership and use of intellectual property related to products developed during the tenure. f) Dispute Resolution: Detail the process for handling conflicts and disputes, including arbitration or mediation if necessary. g) Governing Law: Specify that the agreement will be governed by Kansas state laws. 2. Types of Kansas Employment Agreements for Sales and Business Development Managers: a) Fixed-term Employment Agreement: A contract with a predetermined end date or upon completion of a project. b) Indefinite Employment Agreement: No specific end date is set, and employment can be terminated with proper notice as per the conditions mentioned. c) Probationary Employment Agreement: A trial period to evaluate the manager's performance, typically with special termination provisions. d) Non-Compete Agreement: Restricts the manager from joining a competitor or engaging in similar work for a certain period after termination. e) Commission-Based Employment Agreement: Emphasizes compensation based on sales targets and commission percentages achieved. Conclusion: Sales and business development managers in Kansas work under specific employment agreements that outline the terms of their employment, obligations, and compensation. Understanding these agreements is crucial for both employers and managers to ensure a smooth working relationship and legal compliance. It's important for businesses to consult legal professionals to tailor employment agreements that align with Kansas state laws and address specific business requirements.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
