It is ideal to have a new employee sign a restrictive covenant when he begins his employment. But what if you don't do so at that time? Is it too late? The short answer is no. However, you should not present the agreement to an existing employee without first ascertaining whether the state in which the employee is located is a "consideration" state. If you do (or you already have), you may unfortunately have an agreement that is unenforceable against the employee. In a "consideration" state, the employer must provide adequate consideration to the existing employee in order for the employee's non-solicitation covenant to be enforceable. In these states, the employee's "continued employment" is not adequate consideration. Depending upon the state, adequate consideration could be a raise, bonus, or promotion. I generally prefer a one-time execution bonus so that the employee cannot later attempt to assert an insufficient consideration defense to enforcement of the agreement, claiming that he was due the raise or promotion in the ordinary course of his employment. Even in "continued employment" states, I recommend that the firm consider providing the existing employee with some type of consideration.
ThinkAdvisor's TechCenter is an educational resource designed to give you a competitive edge by keeping you abreast of new tech innovations and need-to-know information that can be applied to your business.
Every financial advisor has heard-since they got into the business-that the best and fastest way to grow your practice is through referrals. See what sets...
Learn how refocusing your business model help recharge your business’s value.
Focus working with mature clients including what are the characteristics of a sound goals-based investing method, how big is longevity risk, and a reevaluation of...
Oct 26, 2016
This complimentary webcast will cover charitable donations and planning, including some key year‐end tax considerations. We will provide an overview of the benefits of charitable...
Oct 20, 2016
Learn what critical roles document management serves for wealth management firms and their practical operational advice for running a viable business.
Oct 05, 2016
Some broker-dealers have already decided to exit certain lines of business and are sizing up how the rule will impact their IT and compliance budgets....