Explain the legal considerations for businesses in relation to employee non-compete agreements and confidentiality clauses.
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Explain the legal considerations for businesses in relation to employee non-compete agreements and confidentiality clauses.
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- In terms of employment law, discuss the following: a) How a contract of employment can be terminated. b) Refer to the different types of dismissal and what remedies may be available to the employee.homas Persson and Jon Nokes founded Smart Inventions, Inc., to market household consumer products. The success of their first product, the Smart Mop, continued with later products, which were sold through infomercials and other means. Persson and Nokes were the firm’s officers and equal shareholders. Persson was responsible for product development, and Nokes was in charge of day-to-day operations. In time, they became dissatisfied with each other’s efforts. Nokes represented the firm as financially “dying,” “in a grim state, . . . worse than ever,” and offered to buy all of Persson’s shares for $1.6 million. Persson accepted.On the day that they signed the agreement to transfer the shares, Smart Inventions began marketing a new product—the Tap Light. It was an instant success, generating millions of dollars in revenues. In negotiating with Persson, Nokes had intentionally kept the Tap Light a secret. Persson sued Smart Inventions, asserting fraud and other claims. Under what principle…Samantha is a nursing assistant in a retirement home run by Pinewood Home Care, Inc. She works at least 50 hours every week. After looking at her payroll stubs for the past six months, Samantha concludes that she has not received her share of overtime pay. With the help of a friend in the payroll department, Samantha learns that Pinewood has classified her as a temporary employee. No overtime pay is the result of that classification. Samantha complains to her supervisor, but her Pinewood makes no changes. Is Samantha entitled to overtime as a nursing assistant? If not, why not? If Samantha is entitled to overtime, where is the most appropriate place to pursue legal options to recover her overtime and what steps should she take to do so Response prompt (if appropriate): After posting, respond to two classmates. In each response, agree or disagree with the suggested conclusion and provide alternatives. Provide sources where appropriate.
- You have been retained by the parties. Your assignment is to identify and evaluate any significant antitrust concerns that likely will be raised by the DOJ staff. (The matter will be staffed by the best enforcement shop at the DOJ, which includes several recent George Mason graduates.) The parties have asked you to evaluate those concerns, including the legal standards the DOJ would apply.A group of employees has gone on strike against their employer after an impasse in contract negotiations has been reached. The employees went on strike in order to support their position in negotiations for higher wages. Right after the strike began, management decided to fire two employees who were viewed as pushing the employees to approve the strike. The management then hired permanent strike replacements for the remainder of the workers. What type of strike is this and why? Based on this, was the employer's decision to hire permanent replacements legal or illegal, and why?Explain the difference between a contractual breach and a lawful (tort) breach. Give examples of each. Discharge of a contract IS MOST COMMONLY ACHIEVED BY PERFORMANCE. Failure to do so may result in either party suing the other(s) for breach in court. Reflect on the options one will have when analyzing their options to sue. Under the law when a mistake has taken place when would the courts become involved? Under torts explain what is meant by an unconscionable transaction. Define the purpose of damages being awarded.
- Prepare a stakeholder register for construction of new nursing facility at newmontIn the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.What are the duties and responsibilities of an agent in an agency relationship?
- Business contracts may contain exclusion clauses as a means of limiting or excluding liabilities. Explain what is meant by the term “exclusion clause” and how case law and statutes regulate the use of such clauses in business contracts.How could an employer create an “implied fact term”?If these policies are not followed, can a breach of the contract be generated?4. What is the memorandum of settlement? Management's agreement to bargain with the union in good faith The union's agreement to bargain with management in good faith The signed collective agreement that has been ratified by both parties as well as their constituents A summary of the terms and conditions agreed to by the parties