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Mrs. Jessica Taylor has been offered a fixed time Employment for the period of 5 years starting from 15th June 2018 to 15th June 2023. Mrs. Jessica Taylor Working hours is 9 hours per day, Monday to Saturday.

Both the Parties are Individual Parties and thus the Common law or State law applies to govern them all the terms of conditions. It makes difference in a sense that because UCC law does not apply here the UCC applies to agreements in which at least one of the parties is a “merchant” as it defines that term. Merchants are those who as part of their occupation deal with goods of the kind covered by the agreement, and who have knowledge or skill specific to the goods or practice.

Employee –Mrs. Jessica Taylor agrees that they will at all times performs all of his duties faithfully and honestly and in doing so shall comply with Employer policies, procedures and rules and regulation conveyed by the employer both in written on in oral form.

Here the Individual Mrs. Jessica Taylor Jackson has been given a severance agreement by his employer, it is imperative that he must have an attorney review before he sign the agreement. The Individual will be released from the following rights and actions

· The right to file a legal case in the event of a breach of the contract

· The right to seek employment with the employer and its affiliates in the future;

· The right to seek employment with businesses that are competitive with the employer in the future;

· The right to ownership of materials and information created by the employee while employed by the employer; and

· The right to disclose information regarding the employer.

The contract also contains several fine prints (Contracts terms and conditions that are not included in the main body of the contract, but in footnotes of the contract)

Non Complete clause-According to the contract letter, an employer cannot work for a period of 6 months for the competitor after leaving their current Jobs. The company is doing this to prevent Current Projects Confidential Information.

Non Solicit of employees-This agreement restrict Mrs. Jessica Taylor to contact former employees of his previous company to hire them for his business work. Mrs. Jessica should read it carefully because this restrict his rights to contact best top people which he knew.

No-Hire-Mrs. Jessica Taylor cannot work for the competitors. This is hurting his Job Mobility and making certain companies unable to hire him.

Invention Agreement-If Mrs. Jessica Taylor has discovered any invention in his previous work, he should disclosed it. This helps Company to claim ownership of your original work.

Analysis

Ambiguous contract are subject to more one interpretation in different situations and uncertainty will be construed in favor of the employee. The contract contains Ambiguous terms. Mrs. Jessica Taylor contract is for a five year term starting on 15th October 2018 to 15th June 2023. However the contract has ambiguity related to the termination of Mrs. Jessica Taylor. The Contract says the company can terminate the contract early by providing Mrs. Jessica Taylor with notice, however this is somewhat ambiguous in the situation when the contract will be terminated without giving Mrs. Jessica Taylor any notice. Here the termination clauses is unclear and unambiguous and does not meet minimum requirements of the ESA.

Yes, the Company has efficient resolution mechanism in the event of a dispute. Disputes can arises if there is miscommunication between the parties regarding the terms of the contract and when there is a breach of the contract. For e.g. When the Employee feels his Compensation has been reduced significantly without proper Explanation or he is not getting enough opportunities to work as a team leader. Employment contract disputes often arise when there is a communication breakdown or some other disagreement between the parties. The Company resolution center had handled many disputes in the past. Company resolution provision provides an efficient process to resolve disputes, which is utilized only where the parties cannot themselves agree on a mutually-acceptable settlement.

A breach can occur if either party fail to perform is duties as stated in the contract. For Employer failure to pay wages, terminate employee in an improper way or non-payment of holiday or sick pay that was negotiated in your employment contract. For Employee, seeking employment while working or disclosing confidential to the competitors.

In the event of a breach, an employer who breaches an employment contract may be liable for the full price of the contract, regardless of how much of the employee's end of the contract has been performed at the time of the breach.

Compensatory damages are also generally awarded in the event that an employment contract is breached by an employee. These damages are typically calculated by figuring out the cost to the employer to replace the employee above what the employer would have had to pay had the first employee performed the work under the terms of the contract.

There is one surprise that is mentioned in the contract that Employer can terminate the Employee without cause. Employers may legally terminate employees without cause, for arbitrary and unfair cause, or even out of a mistaken cause that the employee performed poorly. The failure to terminate “for cause” does not give the employee the ability to sue their employer. But employers cannot do is terminate employees for an unlawful reason. For example, employers cannot terminate an employee because of the employee’s health condition, injury

Yes, all the obligation are clear for both the employer and employee, however there is some ambiguous terms that are already mentioned above. Some of the Obligation of the employer are

· familiarize new employees with the scope of their duties, the rules of work performance in a designated position and inform them of the rights of employees,

· provide safe and healthy working conditions and conduct systematic training in occupational health and safety,

· pay wages in a timely and proper manner,

Some of the Obligation of the employee are

· comply with the working time conditions set for the employing establishment,

· comply with labor regulations,

· respect confidentiality of other information as laid down in separate regulations;

Recommendations

· The Contract can be improve by removing any ambiguous term in the contract, so no party has unfair advantage in the court

· Contract does not contains much details how’s the Bonus Compensation is calculated, will it is based on No of hours or No of days. So Contract can improve this.

· Contract does not have any mentioned of paid leaves, so the improvement can be done by detailing mentioned of the paid leaves and how they are collected.

References

Termination Clause in Fixed-term Employment Contracts Should Be Clear | Canadian Employment and Labour Law | Dla Piper Global Law Firm