Companies often employ senior managers under employment contracts for a number of years. These executives have potential job security for a period of time and the company also knows that it will likely use management services for a period of time. However, if these contracts are not carefully crafted, they can have unexpected pitfalls for businesses. Anarcho-unionists and other socialists who criticize wage slavery, such as. B David Ellerman and Carole Pateman, postulate that the employment contract is a legal fiction, because it legally recognizes man as a mere tool or input, renouncing responsibility and self-determination that critics consider inalienable. As Ellerman points out, “the worker is legally transformed from a co-responsible partner into an input supplier who assumes no legal responsibility for input commitments [costs] or outputs produced [income, profits] of the employer`s business.” [5] Such contracts are inherently invalid, “because the person remains de facto a person of full and full capacity, with only the contractual role of a non-individual,” because it is impossible to physically transfer self-determination. [6] As Pateman argues, restrictive agreements can be elements of an employment contract or can be separate agreements. These covenants are not included in all employment contracts, but depend on the nature of the employment and the level of employment (e.g. B senior managers or senior managers). However, employers may sometimes inadvertently destroy the employment relationship as they see fit by including provisions that U.S. law interprets as incompatible with employment as they see fit. This can also happen if the parties contain a provision indicating the duration or “duration” of the employment contract. Where an employment contract stipulates that the employment relationship must continue for a certain period of time, U.S.
courts may interpret this provision in such a way that they allow the worker to enjoy the right to employment for the duration of the contract. This means that if the employer terminates the agreement before the end of the period and the worker has not breached the agreement, the employer is liable for the wages and benefits that the employer would have paid to the worker if the agreement had been continued until the end of the period. Worse still, the worker`s mere poor performance may not constitute a sufficient breach of the employment contract to deprive the employer of payment of what the worker would have earned up to the end of the period. The term of employment begins from the date of this contract and ends at the closing of the transaction at _____. .
