Agency employment contracts, particularly with producers, can prove to be critical when trying to resolve problems involving commissions, termination, account ownership, and similar disputes. The existence of such contracts can…
A Non-Compete Agreement that contains geographic wording is like a rancher telling a cowboy that if he can’t work for the rancher, he also must move to another geographic area…
Producers often work for the agency with a lot of independence. Does that make them independent contractors rather than employees? What if they’re paid as 1099 workers rather than receiving…
Citing tough economic times, an agency producer has ventured into a multi-level marketing operation and has sold energy conservation devices to several existing agency customers. The agency owner is concerned…
Warning: This article is NOT about “agency contracts,” but rather about the practice (or lack thereof) of the agency reviewing the coverage implications of contracts entered into by insureds. We’re…
Every agency should have a contract with every producer. Every contract should include a clause that governs the solicitation of accounts if the producer leaves the agency. Unfortunately, too many…
It is unfortunate that the majority of agencies still do not have Non-Compete and Non-Piracy Agreements with producers and other key employees. Three things can happen without these agreements…and two…
An Employment Agreement protects both the employee and the agency. Owners would be wise to re-negotiate Employment Agreements with existing and/or new employees, with a legitimate form of consideration to…
This question comes up frequently with respect to payroll taxes, to benefits programs and to workers compensation rules. This is obviously an important issue, the results of which can cause state…
Many people think restrictive covenants are used primarily to restrict producers from stealing agency information. I feel it is imperative for you to have some sort of written confidentiality agreements…
