Use of Employment Contracts by Marketing Professionals

Clifford M. Koen Jr., University of New Orleans
Aberdeen Leila Borders, Kennesaw State University
Wesley J. Johnston, Georgia State University


This paper offers guidance for evaluating the effectiveness of well-drafted employment contracts for marketing professionals. Many disputes involving employers and former employees could be eliminated and potential litigation greatly reduced if the issues that often give rise to complaints were addressed in an employment contract. Whereas it is not uncommon for many professionals to change jobs, questions for consideration should include, "To what extent may an employee who terminates be prohibited from working for a competitor? What restrictions may employers use to protect trade secrets or other proprietary information? Who gets to keep technical training manuals and other property that has been provided to the employee?" These and many other questions of dire concern to salespeople and other employees can be addressed in a contract. The purpose of this article is to provide a brief, critical checklist of important issues for parties to consider at the time of contracting.