Honesty and integrity

Today we look at the work 'agreement' I signed about 18 months ago with Artech Information Systems LLC, which I find to be deserving of contempt and scorn. Concisely, I see it as an attack on human dignity.

7. Exclusivity. During the term of this Agreement, Employee will devote his/her full-time to providing services exclusively as directed by Employer and shall not perform services for others.

8. Non-Performance of Services and Non-recruitment. During the term of this Agreement and for 18 months after the end of the employment relationship (whether Employer or Employee initiated the termination), Employee agrees that he/she shall not in any individual or representative capacity (e.g. as a principal, employer, stockholder, partner, agent, consultant, independent contractor, or employee): (a) directly or indirectly provide, solicit or advise another of the opportunity to provide, any services to a client where Employe previously provided services to the client on behalf of the Employer or was otherwise introduced through Employer; or (b) directly or indirectly, retain or solicit for Employee or for another party, the services of any of the Employer's employees or others introduced through the Employer. For purposes of this paragraph, "introduced through Employer" means where a client, employee, contractor, other individual came to the attention of Employee in any manner through Employer, "Client" includes any affiliates, customers or clients of the Client.

16. Breach. In the event of the Employee's breach of paragraphs 7, 8, 12, 13, or 14, Employee acknowledges and agrees that Employer will suffer irreparable harm and money damages would be an inadequate remedy, entitling Employer to seek injunctive relief. Employer's right to seek injunctive relief is without waiver or limitation to any other remedies Employer has at law or in equity.

17. Arbitation [sic]. Except for monetary claims of $5,000.00 or less, Employee explicitly agrees that any dispute in any manner related to Employee's employment with ARTECH, which the parties are unable to resolve through direct discussion, regardless of the kind or type of dispute (excluding claims for unemployment insurance, worker's compensation, or any matter within the jurisdiction of the Labor Commissioner), shall be exclusively subject to final and binding arbitration pursuant to the provisions of New Jersey Permanent Statutes section 2A:24-1, et seq. Employee agrees to submit all such disputes in writing, specifically requesting arbitration, to ARTECH within one year of termination of Employee's employment with ARTECH. Any failure to so request arbitration in a timely manner shall constitute a waiver of all rights to raise any claims, in any forum, arising out of any dispute that was subject to arbitration. The limitation period set forth in this paragraph shall not be subject to tolling, equitable or otherwise. Subch arbitration shall be held in Morristown, New Jersey.

EMPLOYEE AGREES AND UNDERSTAND [sic] THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, EMPLOYEE VOLUNTARY [sic] SURRENDER THEIR RIGHTS TO CIVIL LITIGATION, A TRIAL BY JURY AND ANY ASSOCIATED RIGHTS OF APPEAL.

17. Other Provisions. This Agreement and any attached exhibits, represent the entire agreement of the parties and supersedes and terminates all prior agreements. Any modification of this Agreement must be in writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the waiving party; a waiver on any one occasion shall not be effective as a waiver on future occasions. This Agreement shall inure to the benefit of and shall be binding on the parties, the successors and assigns of Employer and the heirs and personal representatives of Employee. Employee may not assign his rights or obligations under this Agreement. Paragraphs 8, 12, and 14 shall survive termination. If any provision of this Agreement is determined to be unenforceable in whole or in part, all remaining provisions shall be given full effect to the extent possible without the unenforceable provision. This Agreement shall be governed by the laws of the State of New Jersey without regard to choice of law principles.