Page 14 - WhippleWoodCPAs Employee Manual

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WOE
WHIPPL
OD
CPA
s
14
2012 Employee Manual | Effective March 1, 2012
NON-SOLICITATION AGREEMENT
I. THIS IS NOT A CONTRACT OF EMPLOYMENT
All employment with WhippleWood CPAs, P.C. (Firm) is at will. That means the Firm
promises no employee employment for a specific period of time. Any employee may
be terminated at any time for any or no reason.
II. Definitions:
The following terms shall have the assigned definitions for the purpose of this Agreement:
A.
Agreement:
This Non-Solicitation Agreement.
B.
Client:
Any individual or entity for which the firm provides or has provided
products or services; past, present, or future.
C.
Employee:
The term “Employee” as used in the Agreement shall include any
full or part time individuals receiving compensation from the Firm regardless
of status as staff or shareholder to include by way of example, but not be
limited to: shareholder, director, manager, senior, junior, staff, paraprofessional,
administrative personnel, etc. It shall not include independent contractors or
other individuals or entitles not receiving a salary, hourly wage, or commission
from the Firm.
D.
Firm:
This term is synonymous with and may be used interchangeably with
“WhippleWood CPAs, P.C.”
III. Consideration:
The hiring of the Employee is consideration for this Agreement. If the Employee does not
execute this Agreement and is not willing to be bound by its terms, that individual will not
be employed by the Firm.
IV. Non-Solicitation Agreement:
A. The Employee recognizes the Firm has a legitimate business interest in protecting
itself from the solicitation of Clients by existing Employees and those who have
left the Firm on either a voluntary or involuntary basis. The Firm has invested
substantial resources in obtaining its Clients, and it would suffer irreparable harm
if Employees were to solicit and obtain patronage from the Firm’s Clients. The
Firm, in hiring an Employee, places that individual in a special relationship with its
Clients. Accordingly, this Non-Solicitation Agreement represents substantial and
material consideration for this Agreement and the hiring of a new Employee.
B. All Clients, past, present, and future, whether brought to the Firm by the
Employee, other employees, or through efforts of the Firm are to be considered
Clients of the Firm. This includes individuals for which the Employee provided
services prior to employment with the Firm.
C. While an individual is an Employee, all business opportunities of any nature,
past, present, or future, must be brought to the attention of the Firm with full