As I look through the contract, much of it looks very standard; but I have some questions for you (supporting documents below the questions):
- As an hourly employee, would you not expect client requested overtime to be paid at a higher rate than the normal 40hr work week?
- Since this has been stated verbally as a 6mo contract, with unlimited extensions, would it not be prudent to have my contract with a length to it? The only specific date is a start date, and a cancellation clause of 14 days notice.
- The biggest thing that worries me is the non-solicit and non-compete sections. I read them as not allowing me to attempt to gain full time employment with the client for a period of 1 year after the 6mo contract is up.
Supporting information for question #1:
Client approved overtime is to be paid at the straight time rate for all hours in excess of forty (40) hours per week.
Supporting information for question #2 (I realize that I don't have Schedule "A" to review):
This Agreement may be terminated by either party upon fourteen (14) days written notice to the other party, without any liability to the party terminating the Agreement, subject to the terms and provisions of paragraphs 4, 5, 6, 7, and Schedule “A” hereof, which shall survive the termination of this Agreement.
Supporting information for question #3:
(A). Agreement Not To Solicit Customers or Attempt to Divert Business.
Employee agrees that during the term of their employment with ***, and for a period of one (1) year following termination of such employment, whether such termination is with or without cause (“Restricted Period”), Employee shall not, directly or indirectly, either for the benefit of Employee or on behalf of any other person, firm, partnership, or corporation, divert, attempt to divert or move business away from ***, or attempt to influence any person or entity with an existing relationship with *** to alter that relationship adversely to ***. Employee further agrees that during the Restricted Period Employee shall not solicit business from any client, account, or location of ***, whether such client or account was a client or account of *** during Employee’s period of employment or became a client or account of ***after termination of Employee’s employment with ***. Employee further agrees that during the Restricted Period Employee shall not solicit business or work from any person, firm, partnership, or corporation upon whom Employee called where they have represented ***, at any time during the one (1) year prior to termination of Employee’s employment with ***.
(B). Agreement Not to Solicit Employees, Contractors, Consultants and
Candidates. Employee agrees that during the Restricted Period, Employee will not in any way, directly or indirectly, for the benefit of Employee or on behalf of any other person, firm, partnership, or corporation, solicit, entice, hire, employ or endeavor to employ any employee, contractor, consultant or candidate who was employed by or otherwise did business with *** at any time during the one (1) year prior to termination of Employee’s employment with ***.
Your insight is greatly appreciated
Phil
This Agreement may be terminated by either party upon fourteen (14) days written notice to the other party, without any liability to the party terminating the Agreement, subject to the terms and provisions of paragraphs 4, 5, 6, 7, and Schedule “A” hereof, which shall survive the termination of this Agreement.
Supporting information for question #3:
(A). Agreement Not To Solicit Customers or Attempt to Divert Business.
Employee agrees that during the term of their employment with ***, and for a period of one (1) year following termination of such employment, whether such termination is with or without cause (“Restricted Period”), Employee shall not, directly or indirectly, either for the benefit of Employee or on behalf of any other person, firm, partnership, or corporation, divert, attempt to divert or move business away from ***, or attempt to influence any person or entity with an existing relationship with *** to alter that relationship adversely to ***. Employee further agrees that during the Restricted Period Employee shall not solicit business from any client, account, or location of ***, whether such client or account was a client or account of *** during Employee’s period of employment or became a client or account of ***after termination of Employee’s employment with ***. Employee further agrees that during the Restricted Period Employee shall not solicit business or work from any person, firm, partnership, or corporation upon whom Employee called where they have represented ***, at any time during the one (1) year prior to termination of Employee’s employment with ***.
(B). Agreement Not to Solicit Employees, Contractors, Consultants and
Candidates. Employee agrees that during the Restricted Period, Employee will not in any way, directly or indirectly, for the benefit of Employee or on behalf of any other person, firm, partnership, or corporation, solicit, entice, hire, employ or endeavor to employ any employee, contractor, consultant or candidate who was employed by or otherwise did business with *** at any time during the one (1) year prior to termination of Employee’s employment with ***.
Your insight is greatly appreciated
Phil
