This is a great time of year to revisit your employee agreements and update them if necessary. Changes to employee agreements generally must be supported by consideration. End-of-year bonuses, salary adjustments, and/or promotions can provide consideration for an employer to amend the agreement with existing employees.
In reviewing your employee agreements, and the overall employment relationship in general, considerer the following:
Confidentiality
- Non disclosure or use of items marked confidential information.
- Return of company property and confidential information upon leaving company or upon request.
- Authorize contact with subsequent employers.
- Access to company computers, systems and data.
Inventions
- Prompt and full disclosure of (a) inventions and discoveries, and (b) copyrightable works.
- Proper record keeping.
- Treatment of prior inventions.
- Agreement to assign coupled with current assignment.
- Authorization of company to file patent applications and execute documents if employee is unable or unwilling to do so.
- Agreement to cooperate/assist.
- No challenge to company IP.
Employee conduct
- Non-solicitation.
- Non-compete.
- Social Media policies
- Non-disparagement.
- Representations and warranties: (a) freedom to enter agreement and fully perform; (b) no undisclosed conflicting obligations; (c) no breach of prior obligations; (d) no knowing use of third-party IP.
Standard provisions
- Not an employment agreement/employee at will.
- Severability.
- Non-waiver.
- Breach by employer not a defense to or prerequisite to performance.
- Choice of laws.
- Choice of forum.
- Integration.
- Modification.
- Acknowledge read and understood agreement.
- Further acts and assurances.
- Successors and assigns.
- Remedies.
- Consent to injunctive relief.
- Adequate consideration.
- Voluntary execution.
- Opportunity to consult counsel.
- Counterparts.
With over 34 years’ experience in advising employers and employees on workplace issues, let Boznos Law work with you to ensure you are ready to meet the challenges posed by the changes to the employment laws. Call Bill Boznos today at (630) 375-1958 or contact us at www.boznoslawoffice.com/contact-us through our website.
