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and confidence in its employees and wants to make sure that
the Employee knows what would be considered a breach of this
trust, particularly in dealing with present and potential
clients.
The agreement further stated:
Company agrees to employ Employee for the term hereof, and
Employee agrees to devote such time and effort as may be
necessary for proper fulfillment of his/her duties and
responsibilities to the business of the Company and to serve
locally in any location as the Company may direct. Employee
will be required to work normal business hours or such
number of hours as his/her duties may require. Employee
shall perform all assigned duties faithfully, diligently,
and to the best of Employee’s ability during the term
hereof.
The agreement provided for a probationary period, the ownership
and handling of proprietary information, the use of the
employee’s work product, noncompetition clauses, and other
language. The agreement was silent as to the benefits petitioner
would receive. It did not provide a term for the engagement
except that either party could terminate the agreement with 14
days written notice. The agreement would terminate upon a breach
by either party or the death of petitioner, or with 30 days
notice to petitioner if an ownership change of the company
occurred.
Petitioner signed the agreement on October 22, 1996.
Thereafter, petitioner submitted a time card every 2 weeks and
was paid from Techmatics’ common payroll system. At this time
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Last modified: May 25, 2011