North Carolina Employment Continuation Agreement - Continuation of Employment during Winding Down of Operations
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How to fill out Employment Continuation Agreement - Continuation Of Employment During Winding Down Of Operations?
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FAQ
When an employer agrees to salary continuation, the employee ordinarily remains on the payroll for a specified length of time and receives pay at the end of each pay period as if he or she were still working. During this time, the employee's benefits, such as health insurance, ordinarily will continue.
This is because employees who receive salary continuation typically do not perform any services for the employer, which means the salary continuation is treated as post-termination separation (i.e., severance) pay under the regulations.
North Carolina Court Upholds 10-Year Restrictive Covenant Between Employer and Former Employee. When one thinks of a reasonable temporal scope for a restrictive covenant between employer and employee, usually that period is measured in months or years, not decades.
Certain restrictive covenants will be enforceable, if you are able to prove that they are: reasonable. necessary to protect legitimate business interests; and. of a duration no longer than is necessary to protect those interests.
North Carolina courts do not enforce non-solicitation agreements that prohibit former employees from soliciting customers with whom former employees had no personal contact or interaction (Clinical Staffing, Inc. v.
In North Carolina, courts are permitted to blue pencil restrictive covenants. This means that a court may decide not to enforce a part of the covenant that is distinctly separable in order to make the provision reasonable. However, a court is not able to re-draft an overly broad provision completely or from scratch.
Wage continuation means any payment that consists of the same wage amount and employee benefit package that is paid to an individual when services are no longer being performed as was paid when services were being performed.
To be enforceable a restrictive covenant must firstly touch and concern or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.
North Carolina is an employment-at-will state. This means that in the absence of a contractual agreement between an employer and an employee establishing a definite term of employment, the relationship is presumed to be terminable at the will of either party without regard to the quality of performance of either party.
Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding.
