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... established public policy reasons. Dismissals or resignations arising out of sexual harassment are presently the subject of much litigation. Improper harassment claims put the agency in a particularly difficult position, since it may face a claim by the complaining party if it does not stop the harassment, but also may face a claim by the other party if that party is not given procedural fairness. If there has been an advance against commissions that was not earned, one case has held that an express agreement to repay them will be enforced. Kerry of California v. Lefkowitz (1955) 131 Cal.App.2d 389, 280 P.2d 910. Many contracts provide for offset of amounts owed by the employee against amounts owed by the employer, under C.C.P. 431.70. One case has held that this right of offset cannot be used ... , to protect trade secrets. Non-competition Agreements are also important in those cases where such agreements are legal, i.e., when an owner is selling his entire interest in the agency. Buy-sell Agreements or similar arrangements are needed to provide for the death or departure of an owner. Corporate documents such as minutes of incorporated agencies should be kept current, in order to preserve the corporation from attempts to pierce the corporate veil' and sue the individual owners. 2.2 Producer contracts. Every agency should have a form of employment (or independent contractor) contract with its producers at a minimum, and ideally with each of its employees. Such agreements are needed to spell out the status of the producer as employee or independent contractor. They state who owns the expirations being serviced by the producer, and ...

... established public policy reasons. Dismissals or resignations arising out of sexual harassment are presently the subject of much litigation. Improper harassment claims put the agency in a particularly difficult position, since it may face a claim by the complaining party if it does not stop the harassment, but also may face a claim by the other party if that party is not given procedural fairness. If there has been an advance against commissions that was not earned, one case has held that an express agreement to repay them will be enforced. Kerry of California v. Lefkowitz (1955) 131 Cal.App.2d 389, 280 P.2d 910. Many contracts provide for offset of amounts owed by the employee against amounts owed by the employer, under C.C.P. 431.70. One case has held that this right of offset cannot be used ... , to protect trade secrets. Non-competition Agreements are also important in those cases where such agreements are legal, i.e., when an owner is selling his entire interest in the agency. Buy-sell Agreements or similar arrangements are needed to provide for the death or departure of an owner. Corporate documents such as minutes of incorporated agencies should be kept current, in order to preserve the corporation from attempts to pierce the corporate veil' and sue the individual owners. 2.2 Producer contracts. Every agency should have a form of employment (or independent contractor) contract with its producers at a minimum, and ideally with each of its employees. Such agreements are needed to spell out the status of the producer as employee or independent contractor. They state who owns the expirations being serviced by the producer, and ...