Individual Employment Contracts
The contracts are formal and written for a fixed term, typically from one to five years.
They are typically secured for higher-level management and workers with valuable skills. Damages for breach are typically limited to salary or other compensation. Specific performance is rarely awarded. Given the inadequacy of a damage remedy for an employer, however, courts often prohibit employees from working for a competitor for the duration of the contract. But generally, Ks are disadvantageous to employers because it is difficult to show damages – that one person affects the bottom line, foreseeablility, employee has few assets, specific performance or forcing the employee to work is against the anti-slavery sentiment of the Constitution
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