FAQ

Can you change the terms of an employment contract?

Can you change the terms of an employment contract?

A contract of employment is an agreement between you and your employer that outlines the rights and duties of both sides. At some stage your employer or you might want to change your contract of employment. However, neither you or your employer can change your employment contract without each others’ agreement.

Can employment agreements be assigned?

Absent a non-assignment clause, most contracts are capable of being assigned to third parties, such as the party purchasing the company. An assignment clause or the lack of a non-assignment clause can mean that the employment contract will be assumed by the party purchasing your company.

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Can an employer unilaterally change terms of employment?

Under the common law, an employer is not permitted unilaterally to change the terms of an employment contract with an employee, and if it does so without agreement the employee would have the right to either abandon the contract or to sue for damages in terms of the contract.

What happens to my employment contract if the company is sold?

If the purchaser decides not to offer an employee new employment, the employee will remain with the old employer. However, once the business is sold, the employee’s role with the old employer will become redundant as there is no business for the employee to work in.

What is the act by which the contractor rights are protected?

The Independent Contractors Act 2006 in conjunction with the Fair Work Act 2009 protect the rights and entitlements of independent contractors.

What is a technology assignment agreement?

This is a standard technology assignment agreement where a developer can assign intellectual property rights over a technology to a company in exchange for equity or cash. Download this technology assignment agreement for free.

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Why do employers require employees to sign pre-invention agreements?

In today’s “information age,” it is nearly universal practice for employers to require employees involved in research and development (R&D) or other technical work to sign so called “pre-invention assignment agreements” prior to employment. These assign to the employer ownership rights over any inventions created while employed.

Who is the Assigner of a technology assignment agreement in Delaware?

This Technology Assignment Agreement (the “Agreement”) is effective as of Date between Company, a Delaware corporation, with a place of business at Headquarters Location (“Company”), and Name of Assigner, an individual (“Developer”).

What is an assignment of rights under a contract?

The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract.