Preparing Employment Agreements for Multinational Technology Company

Onboarding with Focus: Contracts, Commissions, and Confidentiality

After being retained by our client, we began our onboarding process by interviewing the main stakeholders of the company in order to pinpoint the issues that were most important to them. As is the case with most employers, our client wanted in writing the parties’ expectations about compensation, particularly in regards to sales positions, which would include commissions and bonuses.  In addition, since their new employees previously had a competing business in the same industry, which our client was acquiring through an asset purchase agreement, and given that our client’s business was technology-based, they had a vested interest in protecting their intellectual property. In drafting the employment agreements, we made sure to include an extensive confidentiality provision, as well as a non-competition provision, which prohibited the new employees from competing with our client for a reasonable period of time following termination of employment.  

Strengthening Contracts with Injunctions and Arbitration

To further protect our client, we included a contractual provision in which the employees acknowledged our client’s right to an injunction in the event of a breach of either the confidentiality or the non-competition provisions contained in the employment agreements. To protect our client from the potential of costly litigation, we included an alternative dispute resolution provision in the employment agreements, mandating arbitration of any dispute between the parties, as well as a provision for recovery of the legal fees and costs in the event that our client prevailed during any such arbitration.