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A carefully drafted employment contract can
go a long way to protecting an employerís assets when an employee
decides to make a career change. Our attorneys have considerable
experience drafting enforceable employment agreements. The
following is a brief overview of some of the provisions that an
employer should consider including in an employment agreement:
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Restrictive Covenants or ìNon-Competeî Provisions:
One of the provisions most often included in employment contracts
is a restrictive covenant that prevents an employee from engaging
in certain employment activities after termination of his or her
current employment. Restrictive covenants must be carefully
drafted to be enforceable in Indiana and almost always include a
time limitation and/or a geographic limitation on the employeeís
activities.
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"Non-Solicitationî or ìNon-Raidingî Provisions:
These provisions are drafted to protect the investment an
employer has made in its current workforce by preventing a former
employee from ìraidingî or hiring away current employees to work
in a competing business.
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Confidentiality and Non-Disclosure Provisions:
An important step to protecting an employerís confidential
information (customer lists, sale methods, etc.) is to have the
employee acknowledge in an employee agreement that certain
information is confidential or proprietary. In addition, the
agreement should state that, during and after termination of
employment, the employee shall not disclose the confidential or
proprietary information to anyone outside the company.
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"Return of Materialsî Provisions: These
provisions require an employee, upon termination of his or her
employment, to promptly deliver to the employer all confidential
materials, such as correspondence, products, processes, etc.
belonging to the employer.
Depending on the circumstances, often there
are other important provisions that should be included in an
employment contract to adequately safeguard an employerís
business.
Whether you need to draft an employment
agreement for a new hire, or need to enforce the provisions of an
agreement after an employee has terminated employment, the
attorneys at Broyles Kight & Ricafort are ready to help you take
the necessary steps to protect your business.
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