South Carolina Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer

State:
Multi-State
Control #:
US-0626BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for settlement, release, covenant not to sue, covenant not to compete, waiver and nondisclosure agreement of an executive employee upon termination by employer.



This form provides for a covenant not to compete. 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.

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  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer
  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer
  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer
  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer
  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer
  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer
  • Preview Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer

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FAQ

What are some of the exceptions to the employment at will doctrine? These exceptions include the public policy exception, the implied contract exception, and the implied covenant of good faith and fair dealing exception. only refers to state constitutional protections or state statutory law.

The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. The at-will presumption is strong, however, and it can be difficult for an employee to prove that his circumstances fall within one of the exceptions.

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.

Public-policy exception For example, in most States, an employer cannot terminate an employee for filing a workers' compensation claim after being injured on the job, or for refusing to break the law at the re- quest of the employer.

Implied contract exception: This exception to EAW holds that employees should not be fired as long as they perform their jobs.

Employment at will, however, comes with some limitations because discrimination laws still apply. Under federal law, you cannot terminate someone because of the person's age, race, gender, color, national origin, equal pay, pregnancy, genetic information, religion or disability.

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.

An employment termination agreement is an agreement between employee and employer to end an existing employment contract without giving prior notice although the agreement must be made mutually.

South Carolina employers can protect their information and intellectual property by drafting an employment agreement, such as non-compete, non-disclosure and severance agreements. Employment agreements must meet legal requirements to become enforceable in South Carolina courts.

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.

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South Carolina Waiver and Nondisclosure Agreement of Executive Employee Upon Termination by Employer