Effect on Duties

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Sec. 2. This article and a professional employer agreement do not do the following:

(1) Diminish, abolish, or remove the obligations of a client to a covered employee that exist before the effective date of the professional employer agreement.

(2) Affect, modify, or amend a contractual relationship or restrictive covenant:

(A) between a covered employee and a client that is in effect on the effective date of the professional employer agreement; or

(B) that is entered into between a client and a covered employee after the effective date of the professional employer agreement.

A PEO is not responsible or liable for a dispute in connection with or arising out of a contractual relationship or restrictive covenant described in this subdivision unless the PEO has otherwise specifically agreed in writing.

(3) Create a new or additional enforceable right of a covered employee against a PEO that is not specifically provided by the professional employer agreement or this article.

As added by P.L.245-2005, SEC.7.


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