What is Employment Litigation?
A contract of employment is a legally binding agreement between you and your employer. A breach of that contract happens when either you or your employer breaks one of the terms, for example your employer doesn’t pay your wages, or you don’t work the agreed hours. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Your pay has special additional protection and in some situations your employer may be prevented from taking money out of your pay even if this wouldn’t be breaching the contract.
A non-compete agreement is a contract that an employee signs with an employer that states that the employee will not compete with the employer when he or she leaves the business for a given period within a specific geographic area. Though these agreements originally were meant for high-ranking executives and managers, they have been used increasingly with low-wage, hourly employees.
An employer could have valid reasons to ask some employees to sign non-compete agreements, normally as part of an employment contract. If the employee is highly skilled, difficult to replace, and possesses critical intellectual property that a competitor could use, it would make sense for the employer to consider using such an agreement. But if the employee is paid by the hour, doesn’t use specialized skills, is relatively easy to replace, and lacks access to privileged information, such an agreement appears to be useful only as a way for the employer to benefit itself. This could create an issue hat needs to be resolved and contacting the right attorney who is experienced in non-compete agreements should be something to consider.
If you are in need of employment litigation please contact us at (561) 361-6800.