organization (Satterlee, 2009, p. 200). HR personnel have various aspects of administrative policies they must be knowledgeable about. They must understand non-discriminatory job applications, right to job security policies, non-compete agreements, and work for hire laws. Three Important Concepts Concept 1: Non-Compete Agreements A non-compete agreement is essentially a contract in which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against
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entity, meaning it can enter into contracts in the same legal way a normal human being could. Lassie Ltd's constitution includes the objects clause stating that the company's activities are to be restricted to the breeding and selling of dogs and goods and services associated with dogs, this is why Lassie Ltd wants to terminate the contract. This objects clause does not prevent the company from entering into any contracts as the company can enter into any contract that it wants to as it is a separate
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Our client, Peter LaFleur, (“LaFleur), has been sued for breach of contract. The lawsuit was filed by Perfect Diamond Baseball Academy (“PDBA”) on the ground that LaFleur violated a non-compete clause by opening a competing facility and soliciting current and former clients of PDBA. LaFleur is a resident of Tallahassee, Florida, and was a student-athlete at the University of Rhode Island. He received a B.S. in Nutrition and Dietetics and played third base for the baseball team. After LaFleur graduated
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Privatization of Government We have all heard politicians talk about the benefits of privatizing government can save money. In actuality, the savings are not always there. Obscured fees for items such as contract monitoring and sub-par administration can end up costing more than the cost to perform the same tasks in-house. The Government Finance Officers Association estimates that hidden and indirect fees add up to 25% of the actual contract price. The Government of Accountability office found
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contract are met. In order for a contract to be enforceable all elements must be met; the main two elements are concepts of offer and acceptance, but even in these circumstances it is hard to enforce a non-compete agreement. We will look into the elements of employment contract, the UCC, and when a non-compete agreement is unenforceable. Contract A Contract is a voluntarily agreement entered by two or more parties in order to create a legal obligation and bind the persons that are entering in contract
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gaining an advantage over competitors. “Poaching” top talent can backfire if the potential employee being sought after has a contract for a certain length of time or a non-compete clause. This clause makes it difficult for a potential candidate to work for a company that deals in a like form of business. Even though in many places such clauses may not hold up in court it is enough to persuade a person to not take the risk. Existing employees in a relative or like business can be very important in growing
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breach of contract, stating the 10 year clause. Statement of Issue Does Mr. W have the sole right to lease the property once the annexation occurred, then the disannexation of city limits. Also the fact that the sale of fireworks are illegal during some points during the contract are noteworthy but is it reason enough to void the contract wholly. Analysis Whether or not the fireworks are illegal is not the issue. Is the ten year non-compete clause binding? My ruling, it is not. Once this
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for breach of a non-compete agreement. Under the non-compete covenant Joint Venture disclaim the rights to any of DePuy intangible assets, including intellectual property (IP), goodwill, and customer lists. DePuy claims that Joint Venture breached the non-compete agreement which caused a drop in sales and damaged their relationship with customers in the territories outlined within the agreement.Therefore, the legality of the contract enforced due to the breach of the non-compete agreement. According
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What Is My Role in Managing the Contract? Introduction Introduction Approximate Length: 1 hour 45 minutes Welcome to the What Is My Role in Managing the Contract? lesson. Upon completion of the lesson you will be able to answer these questions: What Is the COR's Role in Contract Administration? Why Should the COR Talk with the KO? What Makes Up a Contract? What Else Might I Encounter When Dealing with a Contract? Print Version For a printer friendly version of this lesson, select the icon on the
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many potential buyers) g. Advertisements are not offers, unless limited in some way 1. But check to see if award also v. SEE Lefowitz (holding an advertisement was an offer since it was limited by first come first serve clause and the ad left no room for further negotiations) There was no acceptance DOG hypo, THE BAVARIAN hypo, Football hypo 1. The offer was not meant to be communicated to you. a. You are not the offeree or his agent b. You got the offer
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