Any employee worth their salt usually will wait until after they’ve received their bonus compensation until making an employment change.  Often this coincides with year but not always.  Because of this employers need to anticipate some employment right about now.

So what should an employer do in anticipation of a small or large exodus –

                         

As we referenced earlier in the week, two Merrill Lynch executives received several million dollars in exchange for executing a release and one year non-compete with Merrill following their departure. Merrill was effectively able to take them off the market in exchange for a multimillion dollar payment. 

A post-employment non-compete is generally signed at the

                                          

A recent non-solicit case out of the Fifth District Court of Appeals in Dallas addressed the trial court’s denial of an injunction. 

The Facts

The Defendants were both employed by Jon Scott Salon as hairstylists. They signed Employment Agreements that contained several covenants addressing confidential information and the non-solicitation of clients after termination.

After resigning

According to a recent survey, brokers and wealth managers will be on the move during the remainder of 2011 and in 2012. The survey,  entitled “Wealth Management on the Move: The Moment of Truth” notes that there was a significant "buying" of advisors and wealth managers in 2008 and 2009 through retention packages.  These usually took the form of

                         

We’ve talked about the Texas Supreme Court’s opinion in Marsh USA v. Cook and what employers should be doing in light of the ruling.  What about employees?  Here are a few thoughts:

  1. Non-competes are getting easier and easier to enforce in Texas – Employees should take them seriously and assume they are enforceable when negotiating;