Provide usual terms relating to vacation and sick leave

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Reference no: EM132324491 , Length: word count : 1050

Assignment Contract Law

This assignment requires that you draft a complete, legally valid contract for a client using the information provided below. Your client is Harringtons, Inc. The provisions should align with applicable contract law in your jurisdiction.

You may add additional facts, as needed, to provide for a more thorough contract, as long as your added facts do not conflict with those in the hypothetical. The contract should be well organized and 'user/reader friendly', meaning that you should use underlined or bold headers for each paragraph/section you draft to inform the reader what that particular paragraph is referring to. This also means have an overall arrangement of terms so that they have some logical flow and relationship with other terms.

For instance, employment contracts usually begin with basic terms such as salary and job responsibility and end with terms regarding termination, arbitration, etc. Be specific and detailed in your contract terms to avoid uncertainty and vagueness. Use attached exhibits for clarification and details of in body provisions (e.g. health plans details, benefits details)

Your assignment hypothetical is:

Your client is Harringtons, Inc., a private-held corporation owned and run by Gregg Harrington. Harringtons is an exclusive private club which serves dinner and has various night club services, such as a serving alcoholic beverages, providing live musical entertainment and a private theater showing first run movies. Harringtons employs approximately 75 employees, including a general and assistant manager.

Gregg wants you to draft an employment contract between Harringtons and Jason Tyler, Gregg's new general manager. Gregg wants to include, at a minimum, terms in the contract relating to the following employment matters: Jason is to be paid a salary of $10,000 per month, commencing August 1, present year.

Jason will receive an additional bonus of 1.5% of gross receipts commencing August 1st conditioned upon Harringtons' sales increasing by at least 10% between August 1, this year and August 1, next year (specify exact years).

Provide usual terms relating to vacation and sick leave, including one mental health day per month. Provide terms which give Jason a health and dental plan (to include Jason's family). Be detailed. Provide terms for a pension plan for Jason Jason is to get a leased company car during employment, for business purposes only, and Jason is responsible for all maintenance and insurance during his use of the car.

Provide terms which indicate what kind of car, the length of the lease and what happens to the car should Jason be terminated from employment. Provide terms which give Jason a life insurance policy. Provide terms as to what Jason's job responsibilities and authorities are and what basis Jason's employment may be terminated. Include a liquidated damages clause. Include an arbitration clause.

Include a 'time is of the essence' clause. Include a non-compete clause and a confidentiality clause protecting Gregg's trade secrets. Provide terms which clearly indicate Jason works under the direction of Gregg at all times. The contract should be drafted as an agreement between Harringtons, Inc., employer, and Jason Tyler, employee. The contract should be drafted for execution that is legally valid in your jurisdiction.

If delineated inclusion items above are not permissible in your state, based on jurisdictional requirements in employment agreements, the provisions should not be included in your contract. Be thorough, creative, accurate, detailed and well-organized in preparing this contract.

A good sign of a well drafted contract is one which you have revised several times, and played 'devil's advocate' with, by reviewing rough drafts from the point of view of the other side.

You should think about the provisions from the vantage point of possible legal challenges and/or the potential for differing interpretations that could be in misalignment with the intent of the contract. This will help you to determine provisions and terms that require further editing to prevent these potential contractual issues. Give credit to all sources.

Reference no: EM132324491

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