Arbitration award, application to vacate or modify, R.C. 2711.10, R.C. 2711.11, review statutorily restricted, employment agreement, breach of contract, confirmation of award, Civ.R. 7(B), R.C. 2711.09.
Taxpayers often attempt to assert that the goodwill generated by their business is of a personal nature and not of a corporate nature, especially in personal service businesses. Their logic is not dissuaded by the fact that personal goodwill generally is taxed at a much more favorable tax rate compared to corporate goodwill. In the case at hand, the taxpayer's view was that the goodwill generated by the business was the result of his personal relationships with his clients and thus was a personal asset. At the time, the taxpayer had both an employment contract and a provision in that contract that was essentially a non-competition agreement. The taxpayer had also agreed not to compete with the buyer subsequent to the sale.
In an age of increasing depersonalization of many services, the insurance industry remains largely dependent upon personal relationships. An employment agreement is a written contract between an employee and employer that documents the expectations of both parties. Employment agreements typically address such items as employee duties, compensation, duration of employment and termination. However, strong employment agreements for insurance agencies also include provisions that address the ownership of the book of business, non-solicitation, and non-competition. These additional provisions can go a long way to protect the underlying value of an insurance agency, its expirations. The goal of a non-competition clause or agreement is to protect the agency from the direct competition of a for...
When an arbitration clause in an employment contract includes an agreement that the arbitrator will determine the enforceability of the agreement, a party challenging specifically the enforceability of that particular clause may go to court. But if a party challenges the enforceability of the agreement as a whole, the challenge is for the arbitrator to decide, the U.S. Supreme Court ruled today. That ruling in Rent-A-Center, West v. Jackson was one of four decisions handed down by the Court today. That case involved an employment discrimination suit, where the employee challenged the agreement as unconscionable. The court held the claim must be arbitrated and that the district court was correct in granting the employer's motion to compel arbitration. Justice Antonin Scalia wrote for the...
The city of La Center and its police union are trading unfair labor practice complaints after failing to come to an agreement on a new employment contract. Last Thursday, the city filed a complaint against the La Center Police Officers Association, claiming the union is delaying a contract agreement in order to continue the generous benefits afforded to police officers under the expired contract.
The city of La Center and its police union are trading unfair labor practice complaints after failing to come to an agreement on a new employment contract. Jan. 20, the city filed a complaint against the La Center Police Officers Association, claiming the union is delaying a contract agreement in order to continue the generous benefits afforded to police officers under the expired contract.
Summary judgment - employment agreement - plain meaning - clear and unambiguous - contract interpretation.
LITTLE FALLS -- Police employees must pay 1.5 percent of their salaries toward health benefits, and new police hires will not receive longevity pay in an agreement between township officials and the Policemen's Benevolent Association for a new employment contract. The agreement only settles the salary components of the new contract, said PBA President Fred Batelli. Officials are now working to clarify the contract's language.
race discrimination; intentional infliction of emotional distress; collective bargaining agreement; employment at will; public policy; implied contract; promissory estoppel
Employer - Employee: Employment Contract - Non-Compete Agreement - Enforceability Even though a trucking company dispatcher, who left his employer to work for a competitor, had significant daily contact with customers, the contact did not enable the dispatcher to entice customers away from the trucking company, and the trucking company did not show that its rate sheet and customer list were trade secrets, so the trial court properly found that the parties' non- compete agreement was unenforceable.
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