Some employees have contracts that they are bound by when they accept a job. These employees should make sure that they comply with the conditions of the contracts. Employers must do the same thing.
The Orlando-based Stratos Jet Charters Inc. filed a lawsuit against one of its former contractors on June 5, 2017 in Florida's 9th District Circuit Court. The private charter company accuses an Orange County man and his current employer, Zephyr Jets Inc., of having breached the noncompete agreement he signed by soliciting its customers.
Contract disputes most often arise when a party claims that another has failed to uphold the promises they originally agreed to when the document was signed. Any inaction that can be seen as not being aligned with what one would reasonably expect in a given industry may be deemed to be a breach. Many breaches of contract arise out of either an individual, their services or a product not living up to its implied or expressed warranty.
Nowadays, it's fairly common that employers have both their new hires and more seasoned staff sign noncompete clauses. For many companies, they see having their employees do this as a way to protect their investment of time and resources in their staff. They also see this as strategic approach. It gives companies some comfort in knowing that their handpicked staff can't run off and join their many competitors.
Recent crime reports show that, on an annual basis, criminals are responsible for stealing as much as $30 billion from the elderly. Florida, one of the states with the highest percentage of elderly patients, is prime territory for financial-oriented theft aimed at this population.
Could a noncompete agreement lurking in your employment contract prevent you from doing the only job you've ever done, even if you don't have any special knowledge or only work a blue-collar job?
When drafting a contract, it's important to make sure it's going to stand if it winds up in court. Below are four reasons it may not be upheld that you want to watch out for.
No matter who you work for, most employers ask their employees to sign a noncompete clause in this day and age. Doctors aren't, unfortunately, immune to this. Hospitals have taken to utilizing noncompete clauses as a way to ensure that the doctors they hire don't walk away and take their patients with them or work in a neighboring area for a certain period of time.
You have been waiting for your new apartment to be completed for months. The time it has taken to be finalized has stretched out longer and longer. You were patient at first, but now you're tired of waiting. The contractor is in an indirect breach of contract.
Traditionally speaking, non-compete agreements (NCA) have been used by different employers as a way to keep employees who are privy to trade secrets and other strategic operational insight from being easily taken and used against their employer. As a result, any number of industries from sales to software development have taken to protecting their intellectual property by requiring their employees to sign these type agreements.