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.
Wisconsin Employment Agreement with Director of Day Care or Child Care Center including Non-Competition Provision: In Wisconsin, an Employment Agreement with a Director of a Day Care or Child Care Center is a crucial legal document that outlines the rights, responsibilities, and obligations of both the employer (the Center) and the employee (the Director) in detail. This agreement serves as a written contract to ensure clarity and protect the interests of both parties involved. Key terms and provisions included in a Wisconsin Employment Agreement with Director of Day Care or Child Care Center, including a Non-Competition Provision, are as follows: 1. Position and Duties: Clearly define the Director's job title, role, and responsibilities within the child care center. Specify whether the employment is full-time or part-time and mention the working hours or shifts that the Director is expected to adhere to. 2. Compensation and Benefits: Outline the Director's base salary, bonuses, incentives, or any other forms of remuneration. Specify the frequency of payment and any additional benefits, such as health insurance, retirement plans, or paid time off. 3. Term of Employment: Indicate the duration of the agreement, whether it is a fixed-term contract or an open-ended agreement. Include provisions regarding extension, termination, or possible renewal of the agreement. 4. Non-Competition Provision: Specific to this type of agreement, a Non-Competition Provision restricts the Director from engaging in similar employment, self-employment, or owning/changing affiliations to a competing child care center within a specified geographic area and time frame post-termination of employment. This provision aims to protect the Center's legitimate interests, including its confidential information, clientele, and trade secrets. 5. Confidentiality: Emphasize that the Director must maintain confidentiality regarding the child care center's proprietary information, children's records, business strategies, marketing plans, and any other information deemed sensitive. 6. Policies and Procedures: Make reference to the Center's policies and procedures that the Director and employees are expected to adhere to, such as safety protocols, licensing requirements, and child protection guidelines. 7. Termination Clause: Detail the circumstances under which either party may terminate the agreement, including voluntary resignation, termination for cause, or termination without cause. Specify any required notice periods and procedures for termination. Different types of Wisconsin Employment Agreements with Directors of Day Care or Child Care Centers, including Non-Competition Provisions, may vary based on specific terms negotiated by the parties involved. However, regardless of the variations, it is essential that such agreements comply with Wisconsin state employment laws and regulations while addressing the unique aspects of the child care industry. Note: It is strongly recommended consulting legal professionals with expertise in employment law, specifically in Wisconsin, to ensure compliance and accuracy when drafting or reviewing such employment agreements.
