Hrm/531 Week 3

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Which party seems to have had the stronger bargaining position, and why? The employer has the stronger bargaining position. The provisions that are set out favor the employer and can be presented to the potential employee as a take it or leave it proposition. The employer most likely has several other candidates that would accept the position and the contract as it is written, and who will come to the employer. It is unlikely that the employee has the same luxury to have employers knocking on their door offering employment with a better set of circumstances.

Which specific provisions favor the employer? Each provision in the contract favors the employer. The wording, terms, and even the State law which will govern the contract all have …show more content…
None of the provisions favor the employee, though paragraph 14 could be construed in favor of the employee in that any alleged breach of contract would need to be in writing. This means if an employee is advised in an email to cease a certain activity, they would not be required to stop the activity which may violate the contract until such time as they receive the notice to stop in a letter.

The parties' main intentions in signing this contract were to protect the firm's confidential information and to explain how the CFO could use that information. Which provisions are related to those two purposes? Provisions 2, 3, 4, 5, 6, 9, 10 and 11.

Which provisions seem entirely unrelated to the main purposes? Why are these other provisions included in the contract? What do they do for the parties? Provision one provides definitions for interpreting the contract. Provisions 7 & 8 are to protect the employer from being sued by another entity for hiring the employee. Provisions 12 through 19 are in place to make it as difficult as possible to find a loophole to get out of the contract for any reason.

What terms in the contract do you find difficult to understand? The non-compete paragraph is somewhat difficult to

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