Noncompetition Agreements

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Commonly Asked Questions about Noncompetition Agreements

How do you write a non-compete agreement?

The Employee specifically agrees that for a period of [months/years] after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for

Is the US banning non-compete agreements?

The Democratic-controlled FTC approved the ban on noncompete agreements in a 3-2 vote in May. The commission and supporters of the rule say the agreements are an unfair restraint on competition that violate US antitrust law and suppress workers wages and mobility.

What is an example of a non-compete agreement?

For a period of one (1) year immediately following the termination of your employment, You will not, for yourself or on behalf of any other person or business enterprise, engage in any business activity which competes with the Company within miles of the facility in which you were employed.

What voids a noncompete agreement?

However, certain factors can render a non-compete agreement unenforceable, such as if it is considered unreasonable in time or geographic scope, or if the reason for termination, such as the employer discontinuing a line of business, invalidates the agreement.

What is the purpose of a non-compete agreement?

These agreements may also be called a covenant not to compete or a restrictive covenant. Non-competes ensure that the employee will not use information learned during employment to start a business and compete with the employer once work is over. It also ensures that the employer keeps its place in the market.

What is a typical non-compete clause?

Typically, a noncompete agreement prohibits you from working for a competitor until a set period has passed, but it may additionally ban you from completing the following actions: Starting your own company in the same industry. Contacting former customers. Utilizing skills you learned on the job.

What does a non-compete document look like?

It reads something like this: For the complete duration of the Agreement, and [time period] after the termination of the Employees relationship with the Company, the Employee will not a) engage as an employee, officer, director, partner, consultant, agent or owner b) be associated in any other capacity, with a

How enforceable are non-competes?

Under case law, non-competes will only be enforceable if they are no wider than reasonably necessary to protect a legitimate interest (e.g. protection of confidential information or customer contacts) and are not contrary to the public interest.