Webster University Discussion Question

Which of the employers’ rights discussed in chapter 15 surprised you? Which of the employees’ rights surprised you? Which of either/both were you aware of?

Aware

Implied contracts -Under an implied contract, an employer may not fire an employee. When an implied contract is formed between the employer and the employee, no written document exists.  Defining and proving the terms of an unexpressed, unwritten “implied contract” is often difficult and the burden of proof lies on the terminated employee.  The required proof of the implied contract may often be found inside the employee handbook provided by the former employer at the initiation of the relationship.  An employer's personnel policies often detailed in the employee handbook can indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract. 

Surprised

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Non –compete Agreement- Signing a non-compete agreement will wave your employee right to land job with your employer's competitors. It might also waive your right to compete with your employer in other ways, such as through self-employment or client solicitation. The objective of a non-compete agreement should be both to protect one's business interest and to lessen the chances of ending up in court. Without a written agreement, you have only verbal promises to rely on. It is difficult to win business or employment disputes that are based on verbal promises. Although some states restrict these types of contracts more than others, the courts in general will uphold them if they are reasonable. 

Most non-compete contracts will usually specify a specific time frame that the former employee is expected to refrain from engaging in employment that will place him or her in direct competition with a former employer. Generally, the time frame ranges from one or two years to up to...