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, if a company only operated within one city, and the covenant not to compete provided that an employee of the company could not solicit business within 100 miles of the city if he/she 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.
An Alabama Employment Agreement with a Director of a Day Care or Child Care Center is a legally binding contract that outlines the terms and conditions of employment between the employer (day care or child care center) and the director. This agreement also includes a non-competition provision, which prohibits the director from engaging in competitive activities during and after their employment. The agreement typically contains the following key elements: 1. Parties: The agreement starts by identifying the parties involved, including the full legal names of the day care or child care center (employer) and the director (employee). 2. Effective Date: This section establishes the date when the agreement becomes effective and enforceable. 3. Job Title and Responsibilities: The director's job title and a detailed description of their responsibilities are stated, specifying the authority and duties they are entrusted with in running the day care or child care center. 4. Compensation and Benefits: The agreement sets forth the director's salary, payment terms, and any additional benefits such as health insurance, retirement plans, or vacation time. 5. Termination Clause: This section outlines the conditions under which either party can terminate the employment relationship. It may include provisions for both voluntary resignation and termination with or without cause. 6. Non-Competition Provision: The agreement contains a non-competition clause that prevents the director from engaging in any activities that would directly compete with the day care or child care center during their employment and for a specified period after leaving the center. The duration and geographic scope of the non-competition provision are specified. 7. Confidentiality and Non-Disclosure: The director agrees to maintain the confidentiality of proprietary information, trade secrets, and sensitive data belonging to the day care or child care center, both during and after employment. 8. Intellectual Property: Any intellectual property developed by the director during their employment, such as curriculum materials or teaching methods, may be assigned to or become the exclusive property of the day care or child care center. 9. Governing Law: This section identifies the state laws of Alabama that will govern the interpretation and enforcement of the employment agreement. Different types of Alabama Employment Agreements with Directors of Day Care or Child Care Centers, including Non-Competition Provisions, may include variations in the duration of the non-competition provision, geographical limitations, or the scope of the director's responsibilities. It is advisable for both parties to consult with an attorney to ensure the agreement meets their specific needs and complies with relevant legal requirements in Alabama.
