Individual Employment Law Case Study Example | Topics and Well Written Essays - 1750 words

Individual Employment Law - Case Study Example Several matters need to be taken into consideration regarding your current situation with filing an injunction against Brett your sales and marketing director. Employment law protects Brett as well as you so I advise you to carefully pursue the issue. Fraser Younson was quoted in the September 2 issue of Lawyers Weekly Magazine in an article about the rise in claims by employees against their firms, a relatively new issue in the British legal profession. Unfair or wrongful dismissal claims occur when firms to do follow the correct procedure made mandatory in legislation on October 1, 2004. "In some firms in particular, partners need to understand that they need to coach employees on an on-going basis, not just mention their shortcomings at appraisals," (Younsun) The major issue you have at hand is a no compete contract where the contract was an oral agreement. An oral agreement is legal and binding as long as consideration was present. In the case of consideration and your verbal agreement with Brett consideration was present but there are other matters at hand that must be taken into consideration. One of them is the time factor. As the agreement between Brett and yourself was never formally written up a date and the time limit on the agreement are difficult to determine at this time. The proof of the time is difficult to prove at this point. McDermott was recommended in Legal 500 Eur... egration following the acquisitions of two German companies, a varied and challenging mandate which required negotiations with trade unions and group works council on a mass redundancy program, and the establishment of a European works council." (Anthony) Essentially you had a no compete oral contract with Brett. Legal for such a contract should read: (a) Company Information. The Company will make available to the Independent Contractor certain Confidential Information of the Company, previously non-disclosed to him or her, which will enable him or her to optimize the performance of his or her duties to the Company. In exchange, the Independent Contractor agrees to use such Confidential Information solely for the Company's benefit. Notwithstanding the preceding sentence, the Independent Contractor agrees that upon the expiration or termination of the Agreement, the Company shall have no obligation to provide or otherwise make available to the Independent Contractor any of its Confidential Information. "Confidential Information" means any Company proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists and customers (including, but not limited to, customers of the Company on whom the Independent Contractor called or with whom her o r she became acquainted during the term of the contract), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to the Independent Contractor by the Company either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Confidential Information