Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.
Virgin Islands Employee Restrictive Covenants
Category:
State:
Multi-State
Control #:
US-TC0916
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Word;
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How to fill out Employee Restrictive Covenants?
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FAQ
Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.
In the Virgin Islands the Wrongful Discharge Act specifies lawful reasons for dismissal of an employee who is not covered by a Union Contract. The difference between the two contract forms is that an express contract is an actual agreement with explicit terms often placed in writing.
The first example of a ?wrongful discharge? is when an employer fires an employee because of the employee's protected status, such as race, color, sex, religion, national origin, etc. This type of wrongful discharge falls under the federal or local anti-discrimination laws.
Wrongful discharge can arise under three circumstances: violation of a statute (i.e. discrimination), breach of contract, or a tort action involving bad faith or tortuous discharge. Wrongful discharge cases based on statutory violation are limited to those remedies provided for by the statute.
The federal WARN Act is similar to the Virgin Islands statute in that it requires employers to provide advance written notice to those employees who will be subject to a ?mass layoff? sixty days before the layoff occurs. 29 U.S.C. § 2102(a).
The average Virgin Islands statute of limitations is around two years for most civil cases. This means that for whatever civil crime is committed, the plaintiff has two years from the date of the crime to talk to a lawyer.
Chapter 18, Title 24, Section 472 of the V. I. Code states that every employer who is closing a facility shall at least 90 days prior to the Plant Closing give advance Notification to the Commissioner of Labor, any affected employees, and if the employees are represented by a Labor Union to such Union.
