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Framework for Electronic Licensing
Framework for Electronic Licensing

... • Copyright Law - 17 USC § 204(a) requires written contracts. • UCITA § 201 – General rule writing required if over $5,000. Otherwise, no writing required if term is less than one year, performance tendered and accepted, agreement admitted under oath, or written confirmation is received between merc ...
Practice Test
Practice Test

... agreement: McElroy would sell Grisham his property for $80,000, and the contract would include a clause allowing McElroy to repurchase the land within two years for $120,000. McElroy later claimed the contract was void. Is he right? McElroy is right. The contract is usurious. By purchasing the prope ...
403B Tax Deferred Annuity Plan (5.10.06)
403B Tax Deferred Annuity Plan (5.10.06)

... TBR entered into an agreement with three companies that offer a program qualifying as a Section 403(b) program. These three companies are the only ones an employee is allowed to contract with. Human Resources and the Procurement Office are responsible for processing and executing agreements. TBR ent ...
Document
Document

... by the way) is judge-made law, based on what judges have written going back to jolly old England and the Magna Carta. DJs did exist long before the enactment of 28 USC 2201 in 1934, but only in courts of equity, which were not courts of law. But that gets into heavy legal history that matters only r ...
Sermon Notes
Sermon Notes

... defendant, with the only real possible outcome being money damages awarded. A criminal case is one that is filed by the state against a citizen for committing a crime, and a potential outcome is the loss of one's freedom. In a criminal case, it is the government seeking to impose a penalty upon some ...
BRIEFING NOTE Background Pay review clause Verbal assurance
BRIEFING NOTE Background Pay review clause Verbal assurance

... Ms Earle’s contract of employment contained a pay review clause, which stated: “Progression through the salary range will be reviewed annually on or around 1 October in each year until the maximum of the range for your role has been reached. Any progression review will include an assessment of your ...
Discipline and Discharge
Discipline and Discharge

... Implied unless evidence indicates parties did not want it in the agreement ...
Document
Document

... If the contract states a specific duration, the employer cannot terminate the contract at an earlier date unless just cause exists. If no definite time period is set forth, the individual is an at-will employee, and the employer can terminate the contract at any time. Some courts limit this if the d ...
Negotiations Glossary
Negotiations Glossary

... employees for a specified period of time. Adherence to the terms of the contract is enforceable under the provisions of the National Labor Relations Act or appropriate public sector law. Negotiations The process of discussion between the employer and the union for purposes of coming to an agreement ...
FIN 240 - Class 1
FIN 240 - Class 1

... 1. Valid – enforceable; material breach would be grounds for lawsuit 2. Voidable - enforceable, but may be challenged by either party (due to mistake, capacity issue) and ultimately voided 3. Void - no legal effect (due to illegality, fraud, incapacity, duress, lack of ...
judgment - MalawiLII
judgment - MalawiLII

... out of his own will he cannot avail himself of the protection Nyirenda J talks about in the passage above. If we go by the judge’s reasoning it is rather difficult to imagine how an employee who willingly resigns from his employment can be said to have been put in a situation of extreme hardship by ...
Sources of Business Law - National Paralegal College
Sources of Business Law - National Paralegal College

... However, it can be used to stop someone under a contract from working for a competitor (“negative specific performance”). - For sales contracts: o Generally not applicable for sales of goods cases, as monetary damages is the preferred remedy o Applicable in cases where the buyer is trying to enforce ...
Theme 4 Common Law Contract of Employment
Theme 4 Common Law Contract of Employment

... A contract of employment is ◦ a reciprocal contract in terms of which an ◦ employee places his services at the disposal of another person or organisation, as employer, ◦ at a determined or determinable remuneration in such a way that the ◦ employer is clothed with authority over the employee and exe ...
Chapter 22: The International Legal Environment of
Chapter 22: The International Legal Environment of

... Nedlloyd contended that the shareholders' agreement required the application of Hong Kong law to Seawinds' claims. In opposition, Seawinds argued that California law should be applied to its causes of action. The supreme court of California held that a valid choice_of_law clause existed in the contr ...
6.1 Labor Agreement 6.2 Social Security Regulations
6.1 Labor Agreement 6.2 Social Security Regulations

... The labor agreement is the contract whereby one party, the employee undertakes to work for the other party, the employer, against pay, for a certain time employment. Collective labor agreements usually cover a period of two to three years, after which new terms are agreed upon for a similar period o ...
and Missouri Deferred Compensation 457 Salary Reduction
and Missouri Deferred Compensation 457 Salary Reduction

... This agreement shall continue indefinitely until amended or terminated by either party (subject to the conditions in paragraphs II and III) by giving at least thirty (30) days' written notice prior to the date of such amendment or termination. ...
Rates of Pay and Conditions of Employment Certificate
Rates of Pay and Conditions of Employment Certificate

... Terms defined in the Conditions of the Contract have the same meaning in this certificate. The Contractor certifies that, in respect of the work to which the interim statement referred to above relates, clause 5.3 of the Contract has been observed by the Contractor and the employers of all work pers ...
Training costs agreement
Training costs agreement

... completion of the Course or within twelve months after the end of the course, except that in the latter case, the amount which would otherwise be due to the Employer shall be reduced by 1/12th part for each complete calendar month after the end of the Course during which the Employee remains employe ...
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...  To be valid, an agreement not to ...
undertaking to repay costs incurred during external training
undertaking to repay costs incurred during external training

... External Training is defined as any training outside of the direct training an employee is required to have in allowing them to perform their job as determined by the company and or by the Health and Safety Executive. It is hereby agreed and declared that: 1) In consideration of the Employer agreein ...
CRITICAL QUESTION?
CRITICAL QUESTION?

... related decision. – When cases involved just cause for termination or violation of public interests employees won 67% of cases ...
When Is An Employee Who Quits Entitled To Lost Wages
When Is An Employee Who Quits Entitled To Lost Wages

... The employer must deliberately create the intolerable condition. However, the employer's mental state as to the resulting consequence on the employee is irrelevant. In other words, the employer does not have to want the employee to quit. Work conditions are intolerable when they are so difficult or ...
International HR Best Practices Tip of the Month
International HR Best Practices Tip of the Month

... relationship. To enforce a non-compete obligation upon employees after termination of the employment relationship, therefore, usually requires that a valid non-compete agreement be entered into by the employer and employee. The validity of such agreements depends largely on whether the scope of the ...
AGREEMENT for SALARY REDUCTION
AGREEMENT for SALARY REDUCTION

... This Agreement shall be legally binding and irrevocable as to each of the parties hereto while employment continues; provided, however, that either party may terminate this Agreement as of the end of any month, so that it will not apply to salary subsequently earned, by giving at least thirty days w ...
CHAPTER 15
CHAPTER 15

... policy, the public interests threatened by the agreement outweigh the interests that favor its enforcement. A court will not enforce the agreement on the grounds of illegality, even if the parties had capacity (in other words, they freely and voluntarily entered into it). 2. Some very interesting ca ...
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Non-compete clause

A non-compete clause (often NCC), or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as ""restrictive covenants."" As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any such constraint to be unenforceable under the public policy doctrine. Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.The extent to which non-compete clauses are legally allowed varies per jurisdiction. Some jurisdictions, such as the state of California in the US, invalidate non-compete-clauses for all but equity stakeholders in businesses.
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