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Chapter 1 Notes

Noncompete agreement an agreement signed by the

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noncompete agreement - an agreement signed by the employee agreeing not to disclose the employer's confidential information or enter into competition with the employer for a specified period of time and/or within a specified region - p. 55 - 5 points for a valid restrictive covenant
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- p. 57 - Arbitration agreements in employment contracts - arbitration - the selection of a neutral third party to consider a dispute and to deliver a binding or nonbinding decision; it is a form of ADR (alternate dispute resolution) - p. 58 - California Supreme Court minimum requirements for enforcement of a mandatory employment arbitration agreement: 1. The agreement cannot exclude relief that would otherwise be available in court (i.e. punitive damages). 2. The parties must be allowed to conduct discovery sufficient to allow them to adequately arbitrate claims. 3. Employers cannot require employees to pay unreasonable costs or arbitrator's fees, as this unduly adds to the burden of bringing a claim. 4. The arbitrator must be neutral and issue a written award. 5. The arbitration agreement must be mutual: Employers should also be bound to arbitration of employment-related disputes. - p. 58 - the Supreme Court held that the EEOC was not barred by the arbitration agreement, as it was not party to the agreement.
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