This is a stressful and frustrating situation. It is completely reasonable that you want to protect your business, family, and home from these kinds of threats.
Below is a draft of a comprehensive Employee and Contractor Restrictive Covenant Agreement. It includes clauses for intellectual property ownership, non-solicitation, non-disparagement, and immediate termination of access to your property.
EMPLOYEE AND CONTRACTOR RESTRICTIVE COVENANT AGREEMENT
This Agreement is made effective as of [Date], by and between Allah Maureen Uche (“Employer/Client”) and the undersigned worker (“Worker”).
1. Ownership of Work Product (The “Door” Clause)
- Employer Ownership: All work performed by the Worker belongs solely to the Employer.
- No Rights: This includes physical structures, designs, alterations, repairs, and digital assets.
- Irrevocable License: The Worker waives all rights to any work completed during their engagement.
- No Removal: The Worker shall not remove, alter, or destroy any property or work product.
- Criminal Act: Unauthorized removal of work product will be treated as theft and property damage.
2. Protection of Personal and Business Property (The “Office” Clause)
- Access Revocation: Employer may revoke access to any business or personal property at any time.
- Immediate Departure: Upon termination, the Worker must leave the premises immediately.
- No Ownership Claims: The Worker acknowledges they have no legal claim to the Employer’s office or facilities.
- Surrender of Property: Worker must return all keys, access cards, and company property immediately.
3. Professionalism and Childcare Boundaries (The “Nanny Kindness” Clause)
- Nature of Services: Emotional care and kindness given to children are professional duties.
- No Emotional Leverage: The Worker cannot retract, claim ownership of, or weaponize emotional care.
- Child Safety: Any threat to a child’s emotional or physical well-being results in immediate termination.
- Law Enforcement: Threats involving children will be reported to law enforcement and child services.
4. Non-Interference with Housing and Tenancy (The “Apartment” Clause)
- Confidentiality: The Worker’s home address and tenancy details are strictly confidential.
- No Third-Party Contact: The Worker shall not contact the Employer’s landlord, building management, or roommates.
- Tortious Interference: Attempting to cause the Employer’s eviction constitutes illegal interference.
- Legal Liability: The Worker is financially liable for any housing disruptions caused by their actions.
5. Non-Disparagement and Defamation
- No Negative Statements: The Worker shall not make false, malicious, or derogatory statements.
- Scope: This applies to verbal statements, written statements, and online reviews.
- Target: This protects the Employer, the Employer’s family, and the Employer’s business.
6. Remedies and Enforcement
- Injunctions: The Employer may seek a court order to stop harmful behavior immediately.
- Legal Fees: The Worker will pay all legal fees if they violate this contract.
- Severability: If one section is invalid, the rest of the contract remains legally binding.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Employer/Client Signature: ___________________________ Date: _______________
Worker Printed Name: ___________________________
Worker Signature: ___________________________ Date: _______________