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.
Houston Texas Employment Agreement with Sales and Business Development Manager An employment agreement serves as a legal contract between an employer and an employee. For Houston, Texas businesses seeking to hire Sales and Business Development Managers, having a well-defined employment agreement is crucial. This document outlines the terms and conditions of employment, protecting the rights and responsibilities of both parties involved. With specific keywords in mind, here is a detailed description of a Houston Texas Employment Agreement with Sales and Business Development Manager: 1. Introduction: The employment agreement begins by stating the names of the employer and the Sales and Business Development Manager, along with their respective addresses. It establishes the intent to enter into an employment relationship. 2. Job Title and Description: The agreement clearly defines the position of the Sales and Business Development Manager, outlining the tasks, responsibilities, and expectations associated with the role. Keywords: job title, description, tasks, responsibilities. 3. Compensation and Benefits: This section covers the salary or hourly rate, payment frequency, and any additional benefits such as healthcare, retirement plans, or bonuses. Keywords: compensation, benefits, salary, hourly rate, payment frequency. 4. Employment Term: The agreement specifies the start date of employment and includes any limitations on the duration or type of employment, such as full-time, part-time, or contract-based. Keywords: employment term, start date, duration, full-time, part-time, contract. 5. Termination Clause: This clause explains the conditions under which either party can terminate the employment agreement, whether due to poor performance, violation of company policies, or mutual agreement. Keywords: termination, poor performance, violation, company policies, mutual agreement. 6. Confidentiality and Non-Disclosure: This section emphasizes the importance of maintaining confidentiality and protecting the employer's trade secrets and intellectual property. Keywords: confidentiality, non-disclosure, trade secrets, intellectual property. 7. Non-Compete Clause: Houston Texas Employment Agreements often include a non-compete clause that restricts the Sales and Business Development Manager from engaging in activities that may directly compete with the employer's business after termination. Keywords: non-compete clause, restrict, competition. 8. Intellectual Property Rights: This section clarifies that any intellectual property created by the Sales and Business Development Manager during their employment belongs solely to the employer. Keywords: intellectual property rights, ownership. 9. Governing Law: The agreement identifies that Houston, Texas laws govern the employment relationship and resolves any potential disputes in favor of the laws of the state. Keywords: governing law, Houston, Texas, disputes. Types of Houston Texas Employment Agreements with Sales and Business Development Managers can be further categorized based on factors such as: a) Full-Time Employment Agreement: For Sales and Business Development Managers hired on a full-time basis, where they work a predetermined number of hours every week. b) Part-Time Employment Agreement: For Sales and Business Development Managers hired on a part-time basis, typically working fewer hours than full-time employees. c) Fixed-Term Employment Agreement: For Sales and Business Development Managers hired for a specific duration or project-based employment. d) At-Will Employment Agreement: An agreement outlining an employment relationship that can be terminated by either party without cause or notice. e) Commission-Based Employment Agreement: For Sales and Business Development Managers whose compensation is primarily based on the sales they generate, often with a lower base salary and higher commission structure. In conclusion, a well-crafted Houston Texas Employment Agreement with Sales and Business Development Manager outlines crucial aspects of the employment relationship, protects the rights of both parties, and sets clear expectations. It is essential for businesses to tailor the agreement to their specific needs and comply with relevant laws and regulations.Houston Texas Employment Agreement with Sales and Business Development Manager An employment agreement serves as a legal contract between an employer and an employee. For Houston, Texas businesses seeking to hire Sales and Business Development Managers, having a well-defined employment agreement is crucial. This document outlines the terms and conditions of employment, protecting the rights and responsibilities of both parties involved. With specific keywords in mind, here is a detailed description of a Houston Texas Employment Agreement with Sales and Business Development Manager: 1. Introduction: The employment agreement begins by stating the names of the employer and the Sales and Business Development Manager, along with their respective addresses. It establishes the intent to enter into an employment relationship. 2. Job Title and Description: The agreement clearly defines the position of the Sales and Business Development Manager, outlining the tasks, responsibilities, and expectations associated with the role. Keywords: job title, description, tasks, responsibilities. 3. Compensation and Benefits: This section covers the salary or hourly rate, payment frequency, and any additional benefits such as healthcare, retirement plans, or bonuses. Keywords: compensation, benefits, salary, hourly rate, payment frequency. 4. Employment Term: The agreement specifies the start date of employment and includes any limitations on the duration or type of employment, such as full-time, part-time, or contract-based. Keywords: employment term, start date, duration, full-time, part-time, contract. 5. Termination Clause: This clause explains the conditions under which either party can terminate the employment agreement, whether due to poor performance, violation of company policies, or mutual agreement. Keywords: termination, poor performance, violation, company policies, mutual agreement. 6. Confidentiality and Non-Disclosure: This section emphasizes the importance of maintaining confidentiality and protecting the employer's trade secrets and intellectual property. Keywords: confidentiality, non-disclosure, trade secrets, intellectual property. 7. Non-Compete Clause: Houston Texas Employment Agreements often include a non-compete clause that restricts the Sales and Business Development Manager from engaging in activities that may directly compete with the employer's business after termination. Keywords: non-compete clause, restrict, competition. 8. Intellectual Property Rights: This section clarifies that any intellectual property created by the Sales and Business Development Manager during their employment belongs solely to the employer. Keywords: intellectual property rights, ownership. 9. Governing Law: The agreement identifies that Houston, Texas laws govern the employment relationship and resolves any potential disputes in favor of the laws of the state. Keywords: governing law, Houston, Texas, disputes. Types of Houston Texas Employment Agreements with Sales and Business Development Managers can be further categorized based on factors such as: a) Full-Time Employment Agreement: For Sales and Business Development Managers hired on a full-time basis, where they work a predetermined number of hours every week. b) Part-Time Employment Agreement: For Sales and Business Development Managers hired on a part-time basis, typically working fewer hours than full-time employees. c) Fixed-Term Employment Agreement: For Sales and Business Development Managers hired for a specific duration or project-based employment. d) At-Will Employment Agreement: An agreement outlining an employment relationship that can be terminated by either party without cause or notice. e) Commission-Based Employment Agreement: For Sales and Business Development Managers whose compensation is primarily based on the sales they generate, often with a lower base salary and higher commission structure. In conclusion, a well-crafted Houston Texas Employment Agreement with Sales and Business Development Manager outlines crucial aspects of the employment relationship, protects the rights of both parties, and sets clear expectations. It is essential for businesses to tailor the agreement to their specific needs and comply with relevant laws and regulations.
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.
