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Puerto Rico Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer

State:
Multi-State
Control #:
US-0626BG
Format:
Word; 
Rich Text
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Description

This form is for settlement, release, covenant not to sue, covenant not to compete, waiver and nondisclosure agreement of an executive employee upon termination by employer.



This form provides for a covenant not to compete. 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.

A Puerto Rico Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer is a legal document that outlines the terms and conditions under which an executive-level employee in Puerto Rico agrees to waive certain rights and obligations upon termination by their employer. This agreement serves to protect the employer's proprietary information, trade secrets, and other confidential information that may have been shared with or acquired by the executive employee during their employment. The Puerto Rico Waiver and Nondisclosure Agreement typically includes clauses that prohibit the executive employee from disclosing or using any confidential information they have come across during their employment. This may cover information related to the company's operations, intellectual property, financial data, customer lists, marketing strategies, and any other sensitive information that gives the employer a competitive advantage. Furthermore, the agreement may stipulate that the executive employee waives any claims or rights they may have against the employer upon termination. This could include claims related to severance pay, unpaid wages, bonuses, benefits, or any other financial or legal entitlements. Depending on the specific circumstances and requirements, there might be different types of Puerto Rico Waiver and Nondisclosure Agreements of Executive Employee Upon Termination by Employer. Some possible variations could include: 1. Basic Termination Nondisclosure Agreement: This type of agreement focuses solely on the confidentiality and non-disclosure aspects, without mentioning other terms of termination or waivers of rights. 2. Comprehensive Termination Nondisclosure and Waiver Agreement: In addition to confidentiality and non-disclosure provisions, this agreement includes a broader range of waivers such as those related to severance pay, benefits, or any potential legal claims. 3. Trade Secret Protection Agreement: This agreement places more emphasis on protecting the employer's trade secrets, proprietary information, and intellectual property, and may include more specific clauses regarding these matters. It's important to consult legal experts or attorneys familiar with Puerto Rico labor laws to ensure that the specific agreement being used complies with local regulations and addresses the unique circumstances of the employment relationship.

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FAQ

Non-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.

Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

Wage and hour coverage in Puerto Rico for non-exempt employees is governed by the US Fair Labor Standards Act (FLSA) as well as local laws.

No. You don't even need a passport. For U.S. citizens, traveling to and working in Puerto Rico is like traveling to or working in another state. U.S. citizens only need a valid driver's license to travel to and work from Puerto Rico.

From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.

Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.

Although the EPA does not apply outside the United States, such claims are covered by Title VII, which also prohibits discrimination in compensation on the basis of sex.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

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Puerto Rico Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer