Contracts

How to Create Enforceable Non-Compete Agreements

It is unfortunate that the majority of agencies still do not have Non-Compete and Non-Piracy Agreements with producers and other key employees. Three things can happen without these agreements…and two of them are bad. In this article, we’ll distinguish between these two types of employment contracts and explain what they should include and why.

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Employment Agreement Do’s and Don’ts

An Employment Agreement protects both the employee and the agency. Owners would be wise to re-negotiate Employment Agreements with existing and/or new employees, with a legitimate form of consideration to sponsor that agreement (avoiding any whiff of coercion).

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Are Producers Independent Contractors or Employees?

This question comes up frequently with respect to payroll taxes, to benefits programs and to workers compensation rules. This is obviously an important issue, the results of which can cause state and IRS problems that can haunt you for a long time. The determination of status as an employee or contractor is not one of convenience…

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NonCompete Agreements and Protective Covenants

Many people think restrictive covenants are used primarily to restrict producers from stealing agency information. I feel it is imperative for you to have some sort of written confidentiality agreements in place with all employees. The new laws make it almost mandatory to do so. For the purpose of this article I will limit my…

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