If an employee violates the terms of the attached agreement in any way, what recourse does Sunshine have?
This Agreement, made this 26th day of July, 2018, by and between Ima Worker (hereinafter “Employee”) and Sunshine Printing Company, LLC (hereinafter “Sunshine”). Related companies to Sunshine (i.e., Quick-Pak Jet-Mail Services, LLC) and divisions of Sunshine are likewise included and considered a part of “Sunshine” herein.
NOW, THEREFORE, in consideration of employment, the parties hereto covenant and agree as follows:
All knowledge and information which Employee may acquire from Sunshine or other employees of Sunshine, respecting Sunshine’s inventions, designs, methods, systems, trade secrets, improvements, ideas, information and other intangible property, shall for all purposes be regarded as confidential and shall not be used by Employee, either directly or indirectly, and shall not be disclosed by Employee to any person, partnership, corporation, or other entity without Sunshine’s prior written consent.
During employment and for a period of eighteen months immediately following the termination of employment by either party and for any reason, Employee shall not call, contact, or solicit, divert or take away, or attempt to divert or take away, either directly or indirectly, or through a third party, by phone, by mail, by electronic mail, or by any other means or contact for himself or herself or for any other person, partnership, corporation or any other entity, any existing customer of Sunshine as of the date of termination of employment.
For a period of eighteen months immediately following the termination of this Agreement, Employee shall not open, start or begin any printing, duplicating, mailing, direct mail marketing, or similar service company, or serve in a managerial or supervisory capacity in any such business, within the State of Arizona.
If it is subsequently determined by a court of competent jurisdiction that the scope of this restriction is too broad to permit its enforcement to its full extent, then such restriction shall be enforced to the maximum extent permitted by law, and Employee agrees that such scope may be judicially modified accordingly in a proceeding to enforce this restriction.
Employee further covenants and agrees that for a period of eighteen months immediately following the expiration or termination of employment, that he or she will not in any way, directly or indirectly, for himself or herself or on behalf of, or in conjunction with any person, partnership, corporation or any other entity, solicit, entice, hire, employ, or endeavor to hire or employ, any of Sunshine’s employees.
Employee hereby assigns to Sunshine, free of encumbrances or restrictions, all inventions, discoveries, designs, methods, systems, improvements, trade secrets, ideas, and all other intangible property, whether patentable or not, conceived or originated by Employee solely or jointly with others, at Sunshine’s facility or Sunshine’s request, in the course of Employee’s employment or based on knowledge or information obtained from Sunshine or gained by Employee during the course of employment. Employee acknowledges that each such item of property, whether tangible or intangible, is the sole property of Sunshine, with or without this assignment. Employee agrees to communicate promptly and disclose without additional compensation, to execute all documents necessary to assign to Sunshine or its nominees, free of encumbrances or restrictions, all such property. Any assignment shall include all patent rights.
Employee acknowledges and agrees that, due to the nature of the business of Sunshine and/or the nature of the services performed by the Employee, any breach by Employee of the covenants contained herein will cause immediate and irreparable damage and injury to Sunshine, which damage and injury is not readily measurable, and that the amount of such loss or damages to Sunshine as a result of the breach by Employee of the covenants contained herein may be impossible to compute with certainty. In the event the Employee violates any of the covenants contained herein, Sunshine shall be entitled, in addition to any claims for damages, to an injunction issued by a court competent to enjoin and restrain the breach of any covenant or covenants by Employee.
If Employee violates one or more of the covenants contained herein, then the term of each covenant violated shall be automatically extended for a period of twelve months from the date of entry of a final order enforcing said covenants.
Retrieved from: Spectrum Printing, LLC
Sunshine may sue the employee for damages and have an order issued by the court to force the employee to stop whatever violation he or she is engaged in.
Sunshine may have the employee arrested for violating the contract and have him or her criminally charged for breaching the agreement.
Sunshine may fire the employee immediately.
Sunshine must wait until there is sufficient proof of the employee’s wrongdoing before bringing any kind of action against him or her.
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