This agreement contains a restrictive covenant. Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area. For example, suppose a company only operated within a certain city, and the covenant not to compete provided that an employee of the company could not solicit business in the city or within 100 miles of the city if he ever left the employ of the company. Such an agreement would be unreasonable as to its geographical area. The company had no need to be protected regarding such a large geographical area.
Employment Exclusive Contract With No End Date
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How to fill out Employment Of Sales Representative To Sell Wholesale Beauty Supplies In Exclusive Territory - Self-Employed?
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Here are some steps you may use to guide you when you write an employment contract:Title the employment contract.Identify the parties.List the term and conditions.Outline the job responsibilities.Include compensation details.Use specific contract terms.Consult with an employment lawyer.Employment.More items...?
A contract with a definite term has only a start and an end date. There is no option to extend or renew the contract. Even if the contract has survival provisions or contingencies, it is still definite for purposes of contract management.
Most contracts specify a term when the contract will expire. However, some contracts are drafted based on an on-going relationship with no specified end date. These contracts are often described as perpetual or indefinite contracts.
Legally, a date is not required; if there is an expected timeline but a listed date is not on the contract, it is not considered enforceable. If the contract is undated but is marked as "for consideration," it is still valid. "For consideration" shows that each party has something to offer the other.
Unless you can prove that the other party engaged in fraud or other wrongdoing in preparing the contract or inducing you to sign it, you will be required to abide by it. While a contract does not have to be dated in order to be valid and enforceable, it is a good idea to do so.