Non-compete Agreements
December 20, 2009 | Joan M. QuadeNon-compete Agreements By Joan M. Quade There are many misconceptions about non-compete agreements. Some employers and employees alike believe they are simply unenforceable. Other employees believe they are enforceable and must be signed no matter how broad. Neither position is correct. A non-compete agreement can be enforced against a former employee if there is proper consideration for the entry into the agreement at the appropriate time, and the agreement is reasonable in its nature, length and geographic scope. The agreement can also be enforced under the theory of intentional interference with contractual relations against subsequent employers if they hire an employee bound by such an agreement and one can show that they had actual knowledge of the agreement prior to hiring the employee. A non-compete agreement can be found in an employment contract or it can be entered into as a separate agreement. A non-compete agreement controls the employee’s action after the employment relationship has been terminated. It is an enforceable promise by the employee to not compete with the employer on specific terms, for a specified period of time, usually within a specific geographical area. The purpose, from the employer’s perspective, is to prevent unfair competition and to protect an employers’ “good will”. The “good will” of a business is an asset…
Read MoreMinnesota Sexual Harassment Statute: Its History and the law (Part II)
December 20, 2009 | Barna, Guzy & Steffen, Ltd.In the last issue of IN BRIEF, we published Part I which discussed the history of Minnesota’s Sexual Harassment Statute. Part II will be a discussion of the evidence necessary to prove a sexual harassment claim given a recent change in Minnesota law. While describing the evidence, cases are cited to support this article. Cites will be listed at the end of the article for those who may want to do legal research. A Plaintiff has the ultimate burden of proving that she suffered sexual harassment.1 Prior to the 2001 regular session of the Minnesota legislature in order to prove his case, Plaintiff had to establish: 1. plaintiff is a member of a protected group; 2. Plaintiff was subject to unwelcome sexual harassment; 3. the harassment affected a term, condition or privilege of employment; and 4. the employer knew or should have known of the harassment and failed to take proper remedial action. 2 In 2001 the legislature amended section 363.01, subd. 41 to remove the fourth element that “the employer knew or should have known of the harassment and fails to take timely and appropriate action.” The removal of this language was not intended to create strict liability (ie. that is the employer is liable automatically if an employee harasses) rather, the…
Read MoreAnger In The Workplace…Anger At Home
December 19, 2009 | Jon P. EricksonAnger in the Workplace . . . Anger at Home First, two examples of anger in the workplace and anger at home: In the Workplace: Mr. Smith and Mr. Jones were business partners sharing an office, work space, common area, and staff. The two men had no altercations in the past, however, on one particular day an argument between the two men escalated to verbal threats, pushing and shoving. The next day, without Mr. Jones knowledge, Mr. Smith went to court and obtained a harassment restraining order by filing a petition and affidavit with the court. The court issued a temporary restraining order ordering no contact between Mr. Smith and Mr. Jones at the workplace. Mr. Jones was unable to conduct his business for almost two weeks until a hearing was held to consider the matter of changing the restraining order. Mr. Smith also went to the local police on the day of the argument and filed a complaint accusing Mr. Jones of harassment, assault, and terroristic threats. Mr. Jones was ultimately charged with a misdemeanor assault. At Home: One Friday evening Mr. Jones, after a very stressful couple of weeks, came home and found that his 13-year-old son had taken his expensive fishing rod and tackle and gone fishing. Unfortunately, his son,…
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