Articles on Law, Science, and Engineering

Employment Obligations

by Charles Walter
and Edward P. Richards, III

ABSTRACT

This series is devoted to employees' legal obligations to their employers. The first section discusses problems that arise in connection with duties to the current employer(s). Section 2 discusses duties to previous employers. When independent contractors are employee-agents is covered in section 3. Finally, duties related to trade secrets and other confidential information, the ownership of patent rights, and conspiracies as an unlawful employee or ex-employee activity are covered.

CONTENTS

• Part I. Duties of Employees to Their Employers -- This section discusses problems that arise in connection with duties to the current employer(s).
• Part II. Duties of an Ex-Employee -- This article examines the duties of a former employee after employment is terminated.
  • Competing Interests of Employer, Employee, and the Public
  • What Information is Protected?
  • What Information Can You Use?
  • Non-Competition and Non-Disclosure Agreements
  • What Can You Do To Avoid Conflicts?
  • Conclusions
• Part III. Who is an Independent Contractor?-- The duties described in Parts I and II are fiduciary agency obligations that arise for employee-agents. This article examines distinctions among various types of employment relations, including independent contractors.
  • Implications of an Employee's Status
  • Independent Contractors
  • Classifying Employees
  • Conclusions
• Part IV. University Faculties and Expert Consultants -- In this article, we examine how university and college faculties and outside consultants fit into these employment categories and the duties that result from their employment status.
  • Fiduciary Duties of University Faculties
  • Fiduciary Duties of Expert Consultants