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 York Employment Agreement with Sales and Business Development Manager: In New York, an Employment Agreement with a Sales and Business Development Manager is a legal contract that outlines the terms and conditions of employment for individuals working in the sales and business development role within a company. This agreement serves as a safeguard for both the employer and the employee, ensuring that expectations are clearly defined and protecting the rights of both parties. Key Terms: 1. Position and Job Description: This section outlines the specific position of Sales and Business Development Manager and provides a detailed description of the roles, responsibilities, and expectations associated with the job. 2. Compensation: The compensation section discusses the salary, commission structure, and any additional benefits or bonuses the employee is entitled to. It also covers aspects such as reimbursement for travel expenses and potential salary increases. 3. Termination: This section defines the circumstances under which the agreement can be terminated, including voluntary resignation, termination for cause, or termination without cause. It may also include notice periods and severance terms. 4. Non-Disclosure and Non-Compete: The non-disclosure and non-compete clauses ensure that the employee does not disclose sensitive information about the company, its clients, or its trade secrets to competitors. It may also prohibit the employee from working for a direct competitor for a specified period of time after leaving the company. 5. Intellectual Property: This clause specifies that any intellectual property created by the employee during their employment belongs to the company, and the employee waives any rights to such property. 6. Confidentiality: This section covers the obligation of the employee to maintain the confidentiality of any confidential or proprietary information acquired during the course of their employment. Types of New York Employment Agreements for Sales and Business Development Managers: 1. Standard Employment Agreement: This is a comprehensive agreement that covers all essential terms and conditions of employment for Sales and Business Development Managers. It includes aspects such as compensation, benefits, termination rights, intellectual property, and confidentiality. 2. Commission-Based Agreement: This type of agreement may be suitable for Sales and Business Development Managers whose compensation primarily consists of commission. It outlines the commission structure, targets, and payment terms, while also covering other essential employment terms. 3. Non-Disclosure and Non-Compete Agreement: This agreement focuses specifically on non-disclosure and non-compete obligations, emphasizing the protection of the company's trade secrets and ensuring that the employee does not compete against the company or disclose confidential information. 4. Independent Contractor Agreement: In certain cases, Sales and Business Development Managers may be engaged as independent contractors rather than employees. This agreement would outline the terms of the independent contractor relationship, including fees, deliverables, and project timelines. New York Employment Agreements with Sales and Business Development Managers are essential documents that protect the interests of both employers and employees. It is advisable for both parties to review and negotiate the terms carefully to ensure a fair and mutually beneficial working relationship.New York Employment Agreement with Sales and Business Development Manager: In New York, an Employment Agreement with a Sales and Business Development Manager is a legal contract that outlines the terms and conditions of employment for individuals working in the sales and business development role within a company. This agreement serves as a safeguard for both the employer and the employee, ensuring that expectations are clearly defined and protecting the rights of both parties. Key Terms: 1. Position and Job Description: This section outlines the specific position of Sales and Business Development Manager and provides a detailed description of the roles, responsibilities, and expectations associated with the job. 2. Compensation: The compensation section discusses the salary, commission structure, and any additional benefits or bonuses the employee is entitled to. It also covers aspects such as reimbursement for travel expenses and potential salary increases. 3. Termination: This section defines the circumstances under which the agreement can be terminated, including voluntary resignation, termination for cause, or termination without cause. It may also include notice periods and severance terms. 4. Non-Disclosure and Non-Compete: The non-disclosure and non-compete clauses ensure that the employee does not disclose sensitive information about the company, its clients, or its trade secrets to competitors. It may also prohibit the employee from working for a direct competitor for a specified period of time after leaving the company. 5. Intellectual Property: This clause specifies that any intellectual property created by the employee during their employment belongs to the company, and the employee waives any rights to such property. 6. Confidentiality: This section covers the obligation of the employee to maintain the confidentiality of any confidential or proprietary information acquired during the course of their employment. Types of New York Employment Agreements for Sales and Business Development Managers: 1. Standard Employment Agreement: This is a comprehensive agreement that covers all essential terms and conditions of employment for Sales and Business Development Managers. It includes aspects such as compensation, benefits, termination rights, intellectual property, and confidentiality. 2. Commission-Based Agreement: This type of agreement may be suitable for Sales and Business Development Managers whose compensation primarily consists of commission. It outlines the commission structure, targets, and payment terms, while also covering other essential employment terms. 3. Non-Disclosure and Non-Compete Agreement: This agreement focuses specifically on non-disclosure and non-compete obligations, emphasizing the protection of the company's trade secrets and ensuring that the employee does not compete against the company or disclose confidential information. 4. Independent Contractor Agreement: In certain cases, Sales and Business Development Managers may be engaged as independent contractors rather than employees. This agreement would outline the terms of the independent contractor relationship, including fees, deliverables, and project timelines. New York Employment Agreements with Sales and Business Development Managers are essential documents that protect the interests of both employers and employees. It is advisable for both parties to review and negotiate the terms carefully to ensure a fair and mutually beneficial working relationship.
