It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, it does not need to be in writing and signed by the parties to the original agreement. However, if the terms of the original agreement are altered by the assignment, such as if Kethan's terms of employment changed (different salary, different working hours, different responsibilities) then the assignment could arguably be a modification of the original agreement. However, in this case nothing about Kethan's work environment changes. Further, the court determined that due to Kentucky public policy and case precedent, noncompetition agreements are assignable because Kentucky public policy favors enforcement of noncompetition agreeements as long as they are reasonable. This policy is designed to protect businesses from unscrupulous employees who attempt to abuse their connections they gain as employees and take valuable business with them when they leave, which is exactly what Kethan did in this case when he went to work for FirstChoice. The court of appeals also used general contract law treatise's that note most contracts are generally assignable and enforceable by the assignee unless the contract explicitly states otherwise or the assignment goes against...
According to Choate v. Koorsen Protective Servs., Inc. A noncompetition clause that is enforceable in Kentucky is assignable as part of a business's sale of its assets. The court did not find that the Choate case was distinguishable from the present case in any significant way. Therefore the ruling in the Choate case is applicable here. Thus, the employment agreement at hand and its applicable noncompetition clauses are assignable to MHA and enforceable by MHA.
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot. 3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust
Com" from an Internet host in Maryland to a host in New York. The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Thereafter, Novak appealed the decision in the Alabama case successfully and then filed an action against Tucows for illegally depriving him of his property by conversion. Tucows' defense
In New York City, where both of these cases started, public officials responded by spending more than $100 million in federal education funds provided by Title I to lease vans to park on the public streets in order to establish mobile classrooms. These mobile classrooms served more than twenty thousand students a year and required parochial school students and public school teachers to leave their classrooms and meet on
The Southwest Airlines The Southwest AirlinesBrief BackgroundThe U.S department of transport 1995 classified its passenger airlines into three categories based on the annual revenue generated. These are a \\\"major carrier\\\" airline that could generate up to $1 billion annually, a \\\"national carrier\\\" that could range between $ 100 million and $1 billion annually, and a \\\"regional and commuter airline\\\" that could generate less than $100 million annually (Pg, 480). Before
" According to Short, Williams, and Christie (1976; cited by Van Den Hooff, Groot & De Jonge, 2005), Social Presence Theory notes that "communication media differ in the degree to which they can communicate (or simulate) the social presence of the communication partners through the use of social cues (both verbal and nonverbal cues)." This theory purports that if a medium can only communicate limited social cues, communication partners do
Business Management Plan for Primary Care Setting Develop a business management plan for a primary care setting Promote an APN practice to the public Expertise of professionals specialized in the skills and knowledge are vital towards the achievement of goals and objectives with reference to the reformed health care system. In the context of the restructured health care system, Advanced Practice Nurses (APNs) are unique and valuable service providers. The effectiveness and efficiency
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