Creating workable restraint clauses
Article Abstract:
Restraint clauses are often included in employment contracts to ensure that companies do not lose business to employees who leave. Enforcing such clauses, however, may be difficult. For instance, clauses with certain loopholes, such as incorrect parameters or unreasonable prohibitions, will be considered void and, therefore, unenforceable. For enforceable clauses, companies may choose from two strategies, prevention and compensation. For better protection from loss, business executives need expert advise in the creation of workable restraint clauses.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1991
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The perils of unknown terms
Article Abstract:
Commercial contracts are unlike other contracts in that they are not subject to the 'caveat emptor' rule included in all British legal systems, that holds all parties to a contract responsible for knowing all the contract's terms. In commercial contracts, such as employment contracts, those who include exclusion clauses in a contract are required to inform the other party of those clauses. Failure to do so can make enforcing the contract's terms very difficult.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1992
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