Noncompete and Nondisclosure Agreements – Not For All Businesses

Noncompete and Nondisclosure Agreements – Not For All Businesses

A noncompete agreement protects a company from losing valuable information to competitors. A nondisclosure agreement protects the confidentiality of a company’s secret information disclosed during employment or other type of business transaction. The existence of noncompete and nondisclosure agreements does not mean they should be used by all businesses without fully considering the implications to the business and the employees.

Architectural firms typically use nondisclosure agreements with their consultants; however, they generally do not require employees sign noncompete or nondisclosure agreements. Why? Is it the result of years of tradition or simply the lack of business acumen? It may be a little of both.

Traditionally, aspiring architects have been trained through various forms of apprenticeship serving under the tutelage of a master architect. Since the days of the pyramids, the master architect shared his knowledge and experience to prepare an apprentice with the skills necessary to design and construct buildings. Today, a combination of formal education and internship continue this model of training.

Except for their formal university education, architects are trained by other architects. On-the-job business experience gained by an intern or licensed architect during his or her tenure with a firm depends upon the level of sophistication of the firms in which they work. Therefore, it stands to reason that if an employee is exposed to certain businesses practices, when he or she leaves for another firm or to start a new firm that knowledge is likely to be carried with them. It is the exception rather than the rule for most firms to use or even expose employees to noncompete or nondisclosure agreements.

The architectural business is not the only place where noncompete and nondisclosure agreements have seen limited use. Artists, athletes and others are typically trained and coached to satisfy their patrons. Their talents belong to them and not their employers. In the United States, an individual’s right to pursue a particular occupation for which he or she has trained is a fundamental right. A person who has worked for another firm cannot be compelled to erase all of the knowledge and skills acquired through employment. While the skills learned are invaluable to both employer and employee, employers cannot restrict an employee’s right to compete in the area of his greatest worth.

Except for California, most states recognize these agreements, although some appear to have difficulty enforcing them. To be enforceable, each agreement must be reasonable and provide a benefit to both parties. However, by restricting a person’s ability to earn a living, a noncompete agreement can represent trade restraint. For example, in the case of Midland-Ross Corp. v. Yokana, the court upheld this position in saying:

“[A]n employee after leaving the service of an employer may carry on the same business on his own and use for his own benefits the things he has learned while in the earlier employment. If this were not so an apprentice who has worked up through the stages of journeyman and master workman could never become an entrepreneur on his own behalf.”

The decision in this case was rendered on July 31, 1961 in the United States Court of Appeals, Third Circuit. The results of this decision represents one example of case law which serves as a deterrent for architectural or design firms from pursuing noncompete agreements.

A nondisclosure agreement may have some validity for design firms attempting to protect confidential information like a client list. Clients are the life-blood to a professional service firm. This kind of information should only be provided to a limited number of people who should be bound to keep the information confidential. While most architectural firms do not use nondisclosure agreements, this is one area where it may be advisable to use them.

Noncompete and nondisclosure agreements have traditionally been contrary to the practice of architectural firms in the U.S. For the reasons explained above, design firms do not rely on these agreements to protect their firm’s interests nor prevent their employees from using valuable confidential information acquired during the course of their employment. Just because these agreements exist does not mean you should use them. Carefully consider the implications and implement them only if they make sense for your business and your employees.

An Air Mattress – Panacea For All

As the new millennium progresses we find ourselves to have become quite utilitarian even in our sleep, with the progress in research many of the manufacturing concerns who claim to satisfy customer needs have almost lost the substance of it. We all need to closely analyze this claim for its authenticity. We will first analyze what an air mattress is really composed of and what benefits it can render in different situations to its user’s accordingly.

Cynics have always doubted the amount of comfort and luxury that the use of air mattress can render to us, but now due to the radical change of perceptions people always prefer to have a mattress in their list while planning for camping, going to an outstation college trip, or living in the basement of house to cater for all of these needs. These can be fulfilled by buying the best available alternative out of many that mattress companies have in a pool of

They are available in a number of styles and shapes. There are sofa beds that can be utilized as a sofa and as a bed as well. Then there are beds that resemble entirely to a standard size bed and their latest inclusion is a raised air beds that looks similar to the pillow top mattresses you find on beds.

To make an educated choice in choosing an air mattress that fits your needs can be a challenging endeavor, but this task can be made a lot easier by going through the features you want in your mattress like; the ability to control your comfort level, and the ability to inflate and deflate the mattress quickly and easily. It also depends upon the core purpose of buying this mattress.

It would be a wise thing to do to make credentials and set criteria before we make any judgments because making assumptions about the best choice would be harmful and misleading. Here we take help of experts to provide us with a framework to evaluate an Air Mattress. Air mattress can be evaluated on traits of comfort, convenience, usability and its ability to hold air overnight. Keeping in mind these above mentioned traits we also need to go through consumer reviews we have three top options.

The first type being the most conventional one, which is mostly preferred, is of the raised mattress that has good bottom grip with built-In pump to raise it nearly to the same height as a standard mattress and it also includes a nylon bag for storage. Reviewers have highly ranked this mattress as is comfortable and doesn’t lose air with frequent usage.

A more handy option which is ranked second by most of the customer reviews done by various agencies is a foldable multipurpose air mattress. Consumers who have used this mattress under real conditions have highly appreciated this new innovative technique. This versatile air mattress can be two 9 inch twin mattresses and it can be zipped together to make a king sized bed, or fold it to make a raised twin. The foldable air mattress is convenient in use, just wrap and roll to store it and its double-lock valve prevents air leaks. The drawback is that this mattress is only 9 inches high. The third type that is specifically designed for kids includes safety cushion that prevents children from rolling off, inclusive of a built-in electric pump for easy inflation and deflation, and includes a soft, mattress pad with cute designs.

Consumers who have used this mattress under real conditions have highly appreciated this new innovative technique. This versatile air mattress can be two 9 inch twin mattresses and it can be zipped together to make a king sized bed, or fold it to make a raised twin. The foldable mattress is convenient in use, just wrap and roll to store it and its double-lock valve prevents air leaks. The drawback is that this mattress is only 9 inches high. The third type that is specifically designed for kids includes safety cushion that prevents children from rolling off, inclusive of a built-in electric pump for easy inflation and deflation, and includes a soft, mattress pad with cute designs.

Single Religion for All Humanity

Dear readers,

Materialist philosophy denies the existence of a creator. It considers all the existence to be consisting of matter which it believes is eternal. As a result, it attempts to explain every event based on matter and intellect. One of the theories posed by materialists when creating the skeleton of their own belief systems is the Theory of Natural Law.

According to them, no law, no state and no external pressures exist in the nature. The nature manages its course of action based on its own unique laws. Natural laws are the laws of intellect and understanding and they are above all the other human laws. In the beginning times when everything was originated from the nature, natural laws, that is, the law of intellect and understanding ruled everything. Humans obeyed the natural commandments of goodness and fairness.

So, according to them, in a nutshell, “intellect” was the source of justice and law.

# The nature of intellect is to protect individual interests

Dear readers, this materialist approach appears to be very true in the first sight. When we observe the societies which are deprived of religious beliefs and practices, however, we see that intellect has failed to create any justice and law system but that, on the contrary, everyone became lost in the race of protecting their own interests and getting the biggest share.

Dear readers, this is a very natural result because intellect is a mental mechanism which is programmed in suitable way to protect an individual. It is not a mechanism which can create a “law system”. By means of this thinking mechanism, humans get to know their environments; they make analyses, syntheses and interpretations which enable predicting future events. And based on these, they render judgments and decisions. In those individuals who don’t have the divine education, however, such interpretations and decisions are always under the control of “ego” and in the direction of its desires and wishes.

# The source of social ethics is the divine education

Social ethics is a characteristic which an individual gains subsequently by divine education. In all societies, some established value judgments expressing “goodness” such as justice, honesty and politeness which everyone considered to be right were transmitted to those societies through the messengers of Allah.

In the case of those human beings who have not attained divine education, the interpretations and decisions of intellect are always in the direction of the ego’s desires. Therefore, such an individual will consider anything which suits to their ego as “good” and anything otherwise as “bad”. And this is the biggest enemy of the sense of justice because that person is caught in between two senses of acting justly and protecting their own interests. An individual who has not got divine education will always prefer their own interests in the face of this dilemma.

The concepts which take an individual to objective goodness such as justice, honesty and patience can only be obtained by being subject to the divine will. And the start point for this is “faith”. If a person believes in Allah (swt) and submits himself to His will, the virtues of almighty Allah will begin to manifest in that person. As the number of believing individuals increase in a society, the objective value judgments such as justice, patience and mercy, which are not based on personal interests of these faithful people, will become the common values of that society in time.

# The religion of submitting to the will of Allah

Dear readers, in our day, many individuals believe that prophets brought different religions such as Judaism, Christianity and, Muhammadanism. However, no prophet actually introduced a different religion. Since the time of Prophet Adam, all the prophets introduced a single religion. And that religion is “the religion of believing in one Creator who has no equal, similar or partner, and submitting to His will”. This religion was finally communicated to Muhammad (a.s.) in the Arabian Peninsula, where unbelievable evils reigned. It was named as “Islam” which means “submission” in Arabic. Those who submitted to the Creator’s will were called “Muslims”.

Dear readers, the religion which all the prophets from Adam (a.s.) to Muhammad (a.s.) communicated to all humanity is Islam. That is, “the religion of submission to Allah’s will”. And all the prophets were also Muslims. In other words, they were all individuals who submitted to Allah’s will and complied with His orders, advices and recommendations.

Abraham was not a Jew nor yet a Christian; but he was true in Faith, and bowed his will to Allah’s (which is Isl├ím), and he joined not gods with Allah. [Al-I Imran, 67]

The same religion has He established for you as that which He enjoined on Noah and that which We enjoined on Abraham, Moses, and Jesus: Namely, that ye should remain steadfast in religion, and make no divisions therein. [Shura, 13]

# Islam is the religion of all times and all humanity

All the books that God’s messengers brought to teach us Allah’s messages, orders and prohibitions (the Torah, the Psalms, the Gospels and the Quran) are also the books of Islam. Each book was sent to confirm the previous one. The religion declared in each one of them is Islam. Each of these books corrected the misinterpretations made about the previous one, indicated the right path for humanity again, and made some warnings to humanity about the afterlife:

Say: We believe in Allah, and in what has been revealed to us and what was revealed to Abraham, Ismail, Isaac, Jacob, and the Tribes, and in (the Books) given to Moses, Jesus, and the Prophets, from their Lord: We make no distinction between one and another among them, and to Allah do we bow our will (in Islam). [Al-I Imran, 84]

With the Holy Quran, the protection of which has been personally assumed by Allah, misinterpretations regarding the beliefs and practices of the previous years were corrected, universal rules which all humanity is required to comply with until Judgment Day were shown, and good and bad behaviors were exemplified with lifestyles of prophets and ancient civilizations.

As can be understood from the above explanations, Islam, that is, the religion of believing in Allah (swt) and submitting to His will, is the only religion of all times and all humanity. As a matter of fact, there is no religion other than Islam in the sight of Allah:

The Religion before Allah is Islam (submission to His Will). [Al-I Imran, 19]

And verily this Ummah of yours is a single Ummah, and I am your Lord and Cherisher: therefore fear Me (and no other). [Muminun, 52]

If anyone desires a religion other than Islam (submission to Allah), never will it be accepted of him; and in the Hereafter He will be in the ranks of those who have lost. [Al-I Imran, 85]

# One god without a match, similar or partner

Dear readers, as you can remember from my previous articles, the Holy Quran was written down as soon as it was communicated, and it was compiled with a great sensitivity by the scholars of the time by being marked with suitable punctuation marks so as to prevent any misunderstanding and thus, it was protected without a change of a single letter until today. For this reason it is the most reliable divine source.

Our glorious Creator declared His name as Allah in the Quran. He notified us His characteristics in detail and wanted from us to qualify Him with those characteristics. So:

Allah (swt) is one. He has no equal, similar or partner. He created everything. He does not look like anything He created. He is eternal. “He begetteth not, nor is He begotten.” He needs nothing to sustain His existence. But each living being needs Him for survival. It is He who sustains everything. He is the owner of the earth and heavens, of all the visible and invisible realms. It is He who gives their energy, power and strength to everything. He has power to do everything. He knows, sees, hears and speaks everything. He has will. It is not difficult for Him to simultaneously manage trillions of events occurring in the universe. He is the one who creates both good and also bad deeds of humans. But he likes their good deeds and dislikes their bad deeds. He is fair and impartial. He does not persecute anyone, but humans persecute themselves by disregarding His rules. He has a great mercy towards His creatures. He is the greatest friend and helper of believers.

Dear readers, Allah (swt) bestowed humans with innumerable blessings. Having completed these blessings with a divine educational system like Islam, He wants to carry them to the summit of maturity:

Allah doth not wish to place you in a difficulty, but to make you clean, and to complete his favor to you, that ye may be grateful. [Maida, 6]

# The door to all kinds of goodness: Faith

The blessing doors of Allah (swt) are open to everyone at any moment. However, only the possessors of “faith” believing in Him may benefit from this divine mercy. The faithless cannot benefit from that.

Faith means believing in the existence and unity of Allah, giving up one’s own will (desires of one’s ego) and submitting to the holy will of Allah (swt) (His prohibitions, orders and recommendations).

A human being who fulfills the requirements of religion, if they are sincere with their belief and deeds, will soon attain all the beauties that make a person a real human being. Ethically, they will reach the summit of maturity. They will become a respectable person possessing high manners.

# A mature and well-mannered human being

Such a human being who is mature and well-mannered will be far from any extremity. They are clean. They will not commit acts which are forbidden by their Creator such as adultery, alcohol, gambling, sorcery, false testimony, gossip, commercial transactions involving interest, theft, bribing, usurpation, homosexuality, etc. They will not use drugs. They will not cheat with measurement or weighing. They will not envy. They will not feel grudge against anyone. When fulfilling the desires of their selfhood, they will never exceed the limits drawn by his Creator. They will not become arrogant or look down on or make fun of anyone. They will not break anyone’s heart. They will strive to the extent possible to fulfill such orders of their Creator as prayer, fasting, alms, pilgrimage, etc. They will be obedient towards their mothers and fathers and always try to please them. They will never encroach anyone’s right. They will always behave justly even if this is to their detriment. They will not lie. They are honest. They always tell the truth. When they make a promise, they will keep it. When anything is entrusted to them, they will protect it as their own goods. When they are oppressed by someone, they will forgive them. If someone apologizes from them, they will accept it. They will not hurt anyone or damage their belongings.

They will frequently visit their kin and relatives. They will try to help them if they have any problems. They observe the rights of their neighbors and do nothing that will disturb them. If they are disturbed by their neighbors, they display patience against them. They deal with the problems of their neighbors. If there is anything that they can do for them, they will do it. They will greet anyone regardless of if they know them. They are interested with poor, ill, disabled, elder, powerless people and widows and orphans around them. They are generous. They will not show off over the favors they make. They show respect towards their elders and love, compassion and mercy towards their juniors. They are also compassionate towards animals. They will never damage their environment or the ecosystem in which they live.

They try to earn their life through lawful ways. They are abstinent. They feel gratitude for the blessings provided by Allah. They are patient against the problems and troubles they encounter. In each opportunity, they attempt to recommend good and beautiful things to people and discourage them from evil things. They will love whatever Allah (swt) loves and avoid whatever Allah (swt) does not love. They respect the laws and orders of the state in which they live. They keep away from terror, anarchy and all kinds of illegal activities. In summary, a believer is a complete gentleman, a perfect individual who is respected and approached lovingly by everyone from whom they will only expect good, and take a great pleasure from being together with them.

# Let’s not be indifferent to divine mercy

Dear readers, all these beautiful characteristics that I listed above which make a human being a mature and perfect individual can only be possessed by believing in Allah (swt) and sincerely submitting to His will. Our Creator sent numerous prophets beginning with Adam. We should be grateful to each of them. All these favors and beauties have reached us through prophets. These are universal favors and beauties which are the common value of all times and all humanity as explained in all the books of Islam.

So let’s not stay indifferent to these. Let’s believe in Allah (swt) and get under His umbrella of mercy as soon as possible so that all these beauties may manifest in our lives as well. Also, let’s not forget that these are the key of an eternal happiness covering the world and the Hereafter.

Be entrusted to Allah.