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Employment contracts are enforceable. However, the contents of a specific employment contract can be unenforceable today or found to be unenforceable decades later with a change in the law. In other words, the written text of an employment contract can void an otherwise enforceable document.
In general, the effect of the termination of a contract is to discharge the parties from their unperformed obligations under the contract. However, termination does not affect liabilities of the parties for breaches of the contract that occurred prior to the contract being terminated.
It provides that a restrictive covenant is reasonable, and thus, enforceable, if: (1) its terms are no greater than is required to protect the employer's legitimate business interest; (2) it does not impose undue hardship on the former employee; and (3) it is not injurious to the public.
All employment agreements are legally binding on the employer and, therefore, employers are best served by having them drafted and reviewed by an experienced employment law attorney. Contract law is a particularly complex discipline that relies largely on common law, which is law as developed by judges and court cases.
If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.
Severance contracts that contain a release of all claims against an employer in exchange for severance pay or other benefits are legal, enforceable, and binding.
THE BASICS. A severance agreement is a legally enforceable agreement between you and your employer. You can negotiate it up front or upon exit. Once you sign the agreement, you give up any chance of suing the employer in the future.
Non-compete clauses and restrictive covenants are highly enforceable in the UK in order to protect the business the employee is leaving. They have to be narrowly defined and should only stay enforced for the time that is required to protect the business.
How enforceable are restrictive covenants? The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.
Executive Employment Agreements These agreements typically include the duration (or Term) of employment; the executive's compensation (including incentives or bonuses), benefits, and equity arrangements; and the duties and responsibilities of the executive and employer.