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Employment agreement contract, j, at will, innovations /

Employment agreement contract Lawyer's...

Employment agreement contract

Lawyer's Assistant: Have you documented this or discussed it with HR?

J

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Innovations / side business contracts

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Answered in 5 minutes by:
9/18/2017
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

What can I answer for you, i.e. what do you need to know, please?

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Customer reply replied 9 months ago
Hi, I have been employed at my job in florida for about 9 months. Prior to this job, I lived in North Carolina, when I was offered to move to florida to take this job to train athletes. In addition, I have had a side business dealing with coaches for about 5 years now. When starting at the job, I was never given an employment contract or employee agreement: just verbal agreements this whole time. Today they sent out employee agreements with two particular terms I am concerned about: 1 does not state a radius of limitation for the providing of services, and 2 is innovations and inventions. To me, this reads that my side business and my business I am currently starting would become the property of the company. Is this read correctly?

(ignore)

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NON COMPETE

Under Florida law, non-compete agreements are enforceable provided they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer. If there is nothing re: mileage, then this can be argued in Court. Someone in your situation can then (a) file a declaratory judgment, which is a type of petition asking the court to fill in what it believes to be reasonable in terms of mileage, or, (b) simply go to work for someone else, and if the old company files suit, argue that there was no mileage and your position is taking place outside their interest zone. Then it would be up to the court to decide.

INVENTIONS

"inventions, business applications, innovations, methods designs, ideas or improvements related, directly or indirectly, to the business of Company or any client of Company and (ii) copyrights, patents, trademarks and trade names which I develop or create in whole or in part at any time and at any place during my employment with Company and related to or useable in connection with the business activities of Company or any client of Company (all items set forth in (i) and (ii) above are hereafter collectively referred to as the “Inventions and Innovations”) are “works made for hire” and shall be and remain forever the sole and exclusive property of Company." Your business will not become the property of the company, but any trademarks, inventions, or other intellectual property someone in your situation develops in your side business MAY.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 9 months ago
with the IP and my business, we are working on an app designed for coaches. It is owned by my other company. Based on this agreement stated as is, will the intellectual property be owned by my company or the company who gave me the agreement?

The company that gave the agreement, arguably. Ergo, before signing, one wants to possibly renegotiate the verbiage to ensure that that IP will not be part of the contract.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Will this agreement as written include the IP from the business I already had when I joined the company?

"I acknowledge that all right, title and interest in and to all past, present and future (i) inventions, business applications, innovations, methods designs, ideas or improvements related, directly or indirectly, to the business of Company or any client of Company..."

So the answer is arguably yes - they can try to make that claim. Someone in your situation definitely wants to try to renegotiate that verbiage.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
Last question: i read that agreements like this dont hold up when youve been with a company for so long? or does it not matter since im in an at will state, and not even officially under contract?
thanks!

Ask as much as you need to please, this is why I am here. No, this is not true that length of your employment overrides the agreement or makes it unenforceable, regardless even if you worked some time without a contract.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 9 months ago
with my company, we train athletes. This contract says "related, directly or indirectly, to the business of Company or any client of Company". Could they make a case that anything designed to help the COACHES of athletes, is indirectly related to the business?
Customer reply replied 9 months ago
Rather, my company makes software for coaches. The company I work for who is having me sign this agreement trains athletes.

They can definitely make an argument. Even if they fail in the end, it would cost you thousands of dollars to defend one's self in Court if they try. To avoid this, it is best to have that clause renegotiated.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
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Customer reply replied 9 months ago
Thank you sir! Appreciate it. If we remove the word indirectly from the clause, it will read:I acknowledge that all right, title and interest in and to all past, present and future (i) inventions, business applications, innovations, methods designs, ideas or improvements related directly to the business of Company or any client of Company and (ii) copyrights, patents, trademarks and trade names which I develop or create in
whole or in part at any time and at any place during my employment with Company and related
to or useable in connection with the business activities of Company or any client of Company
(all items set forth in (i) and (ii) above are hereafter collectively referred to as the “Inventions
and Innovations”) are “works made for hire” and shall be and remain forever the sole and
exclusive property of Company.This seems as though it clears my side business unless we specifically integrate that business into the company. it removes the ambiguity. Does that seem correct?

No. They can still make a case that it is somehow related. I would negotiate to take that out completely, if possible.

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