QUESTION
Can a clause in an employment contract expose the employee to abusive requests?
Asked on Feb 24th, 2012 on Labor and Employment - Florida
More details to this question:
Can a clause in an employment contract expose the employee to abusive requests after the contract is terminated? For example, to request a large amount of work to assist the former employer? The clause is: "The Employee agrees to assit the Company, both during and subsequent to the employment relationship of the Employee with the Company, in obtaining and enforcing for the Company's own benefits patents for any and all Works made by Employee during employment. Upon request, the Employee will execute all applications, assigments, instruments and papers and perform all acts that the Company may deem necessary or desirable to obtain such pattents and will do any other act to protect the interests of the Company."
3 ANSWERS
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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The clause is not unlawful. If the company calls on you to sign a legal document deemed necessary by their attorney in order to transfer an intellectual property right to an invention that you worked on while you were employed, I do not see this as abusive nor will a court.
Answered on Feb 28th, 2012 at 1:38 PM
In general, you want to have an attorney look at an employment agreement before you enter into it. That may provide an opportunity to negotiate certain terms and conditions. Without doing specific research into the clause, I expect it will be upheld although a court could impose some restrictions such as time period, geographic location, etc. I also expect that the employee could receive additional compensation if post-employment assistance was requested by the employer.
Answered on Feb 27th, 2012 at 3:31 PM
Insurance Defense Attorney serving Kalamazoo, MI
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Lewis, Reed & Allen, P.C.
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This is to individualized a problem to answer in this forum. In order to properly answer the question an attorney would have to review the entire contract and be much more familiar with the circumstances. In general in Michigan, postemployment agreements, for example noncompete agreements, are enforceable so long as they are "reasonable" in the eyes of the court.
Answered on Feb 27th, 2012 at 3:31 PM