No-waivers?

Looking at a employment contract. What the heck does this mean in plan language?

The waiver by any party of any other party's breach of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach, and the waiver by any party to exercise any right or remedy shall not operate nor be construed as a waiver or bar to the exercise of such right or remedy upon the occurrence of any subsequent breach.

1 answer  |  asked Jan 9, 2008 10:36 AM [EST]  |  applies to Florida

Answers (1)

David Goldman
Employment agreement and Waiver language

The language you are referring to means that if they waive a term of the contract for you or others it shall not be considered a waiver for the next time the same or similar issue comes up.

For example if they say that it is ok to sell to one of their previous clients, it does not mean you can sell to any others.

The best time to make changes or clarify an agreement is before it is signed. In most cases they can be easily modified prior to employment or execution. Once they are executed, it is much more difficult to determine what you signed, what their interpretation is or make reasonable changes.

You should have any employment agreement evaluated just as a business would evaluate a lease as it can significantly affect your future income and ability for employment even if they fire you for no reason.

If you would like to discuss your specific Florida agreement please contact me at 904-685-1200.

posted by David Goldman  |  Jan 9, 2008 11:51 AM [EST]

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