Work made for hire is an important consideration in companies with employees. This is an area of law dealing with copyrights Copyright Anytime a person creates something creative, he or she automatically gains a copyright over that content. However, there are a few exceptions to that rule. Work made for hire is one of […]
Your First Hire: Legal Steps
Your first hire is a scary step for any company. It comes with a lot of logistical challenges. Additionally, there are a lot of legal requirements that you have to follow or suffer hefty fines. What is a First Hire? A first hire is anytime you go from 0 employees to more than 0 […]
Your First Hire: How to be Ready
Your first hire is a scary moment in your company’s life. However, if you prepare properly, you can remove a lot of risk. What is a First Hire? It isn’t a dumb question. A first hire is anytime you go from 0 employees to more than 0 employees. These employees can be part-time or […]
Employee Competition: Can My Employee Steal My Clients?
Employee competition comes up a lot. However, few people understand what rules apply in this situation. What is Employee Competition? Employee competition is the act by an employee of working in or aiding a competitive business of the employer. For example, an employee working part-time at an employer’s direct competition. There is no minimal […]
Employees’ Social Media Use: Do’s and Don’ts
Employees’ social media use is a hot topic in law. As the definition of social media is warping and expanding, it is hard to know what you can and cannot restrict when it comes to your employees. Employees’ Social Media Use Social media use by your employees can be broken down into the following […]
Employee Performance Reviews
Employee Performance Reviews are a crucial part of a human resources department. They not only improve performance, but also cut down on the likelihood of successful unemployment claims against you. What are Employee Performance Reviews? Performance reviews consist of regularly meeting one-on-one with your employees. You or a trained member of your team should […]
Company Equipment Policy
A Company Equipment Policy is a part of your employment agreement package. However, it is usually separate from your typical documents you hand to all employees. What is a Company Equipment Policy? A Company Equipment Policy is a contract with your employees. It outlines how, when, and where your employees may use certain equipment. […]
What do I do in Case of Employee Theft?
Employee theft is a hard situation to be in for many reasons. First and foremost, you’ve lost whatever the employee stole, and that sucks. This article explores what you can legally do to help recover from that employee. Employee Theft Under North Carolina law, Employee Theft is actually called “Larceny by servants and other employees” […]
Legitimate Business Interest in Employment Non-Compete
Restrictive Covenants not to compete, or non-compete contracts, are a tool used to protect a company from unfair competition. They are commonly used in the employment context to prevent this competition, but when analyzing them, you must ensure that they are no wider in scope than is necessary to protect a legitimate business interest. Just like […]
Standard for Employee Non-Compete
In North Carolina, there are different standards for different types of non-competition clauses, formally called restrictive covenants against competition. Employee non-compete contracts are some of the most commonly used non-competes. Employee Non-Compete Employers typically create these non-competes to protect themselves from an employee taking their trade secrets, client lists, and goodwill to a […]
Location and Time Requirement in Employment Non-Compete
Previously, we have examined what a covenant not to compete (non-compete) is and what the top level restrictions are regarding their validity, but there is a significant amount of deeper analysis that goes into each and every one of these restrictive covenants. We’re exploring the location and time requirements in an employment non-compete. Employment […]
What is a Non-Compete? A Restrictive Covenant Primer.
Non-competes are a type of restrictive covenant that prevents one person from competing with another. They are typically used in business to prevent the usage of confidential information or close connections with clients to unfairly compete against the person who made the covenant. Many times, a non-compete is used along side nondisclosures, non-solicitation clauses, and other […]