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.
New Hampshire Employment Agreement with Sales and Business Development Manager: There are various types of employment agreements specific to New Hampshire that businesses utilize when hiring Sales and Business Development Managers. These agreements outline the terms and conditions of employment, ensuring clarity and protection for both the employer and employee. Below is a detailed description of what a New Hampshire Employment Agreement with Sales and Business Development Manager may include: 1. Agreement Introduction: The agreement will start with a formal introduction, clearly stating the names of the employer and the Sales and Business Development Manager being hired. It will also include the effective date of the agreement. 2. Duration and Termination: This section will specify the duration of the employment, whether it is an indefinite term or a fixed-term contract. It will also outline the conditions under which the agreement can be terminated, such as voluntary resignation, termination by the employer for cause, or termination without cause. 3. Job Title and Responsibilities: The agreement will define the Sales and Business Development Manager's job title and provide a detailed description of their responsibilities, including but not limited to identifying new business opportunities, developing sales strategies, managing client relationships, and meeting targets. 4. Compensation and Benefits: This section will outline the Sales and Business Development Manager's compensation package, including base salary, commission or bonus structure, and any additional benefits provided by the employer such as health insurance, retirement plans, or vacation days. 5. Confidentiality and Non-Disclosure: This portion will emphasize the importance of maintaining confidentiality regarding the employer's proprietary information, trade secrets, and client data. It may also include non-disclosure agreements to protect sensitive information even after the termination of employment. 6. Non-Compete and Non-Solicitation: Some agreements may include non-compete and/or non-solicitation clauses, which restrict the Sales and Business Development Manager from working for a competitor or poaching clients for a specific period after leaving the company. 7. Intellectual Property: This section will establish the ownership rights of any intellectual property created by the Sales and Business Development Manager during their employment. It will define whether the employer or the employee retains ownership and what actions are required for transfer or licensing. 8. Governing Law and Dispute Resolution: The agreement will state that it is governed by the laws of the State of New Hampshire. It may also outline the preferred method of resolving disputes, such as arbitration or mediation, if any disagreement arises between the parties. 9. Entire Agreement and Amendments: This section will state that the agreement represents the entire understanding between the parties involved and supersedes any previous oral or written agreements. It will also specify that any changes to the agreement must be made in writing and signed by both parties. By customizing and tailoring these clauses, a business can create different types of New Hampshire Employment Agreements with Sales and Business Development Managers based on their specific needs and requirements.New Hampshire Employment Agreement with Sales and Business Development Manager: There are various types of employment agreements specific to New Hampshire that businesses utilize when hiring Sales and Business Development Managers. These agreements outline the terms and conditions of employment, ensuring clarity and protection for both the employer and employee. Below is a detailed description of what a New Hampshire Employment Agreement with Sales and Business Development Manager may include: 1. Agreement Introduction: The agreement will start with a formal introduction, clearly stating the names of the employer and the Sales and Business Development Manager being hired. It will also include the effective date of the agreement. 2. Duration and Termination: This section will specify the duration of the employment, whether it is an indefinite term or a fixed-term contract. It will also outline the conditions under which the agreement can be terminated, such as voluntary resignation, termination by the employer for cause, or termination without cause. 3. Job Title and Responsibilities: The agreement will define the Sales and Business Development Manager's job title and provide a detailed description of their responsibilities, including but not limited to identifying new business opportunities, developing sales strategies, managing client relationships, and meeting targets. 4. Compensation and Benefits: This section will outline the Sales and Business Development Manager's compensation package, including base salary, commission or bonus structure, and any additional benefits provided by the employer such as health insurance, retirement plans, or vacation days. 5. Confidentiality and Non-Disclosure: This portion will emphasize the importance of maintaining confidentiality regarding the employer's proprietary information, trade secrets, and client data. It may also include non-disclosure agreements to protect sensitive information even after the termination of employment. 6. Non-Compete and Non-Solicitation: Some agreements may include non-compete and/or non-solicitation clauses, which restrict the Sales and Business Development Manager from working for a competitor or poaching clients for a specific period after leaving the company. 7. Intellectual Property: This section will establish the ownership rights of any intellectual property created by the Sales and Business Development Manager during their employment. It will define whether the employer or the employee retains ownership and what actions are required for transfer or licensing. 8. Governing Law and Dispute Resolution: The agreement will state that it is governed by the laws of the State of New Hampshire. It may also outline the preferred method of resolving disputes, such as arbitration or mediation, if any disagreement arises between the parties. 9. Entire Agreement and Amendments: This section will state that the agreement represents the entire understanding between the parties involved and supersedes any previous oral or written agreements. It will also specify that any changes to the agreement must be made in writing and signed by both parties. By customizing and tailoring these clauses, a business can create different types of New Hampshire Employment Agreements with Sales and Business Development Managers based on their specific needs and requirements.
