Clean card in the Free Non-Compete Agreement

Aug 6th, 2022
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How to clean card in the Free Non-Compete Agreement

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In this tutorial, Jerry Carter from the Sierra Crest Business Law Group addresses key employees in Nevada seeking to break their non-compete agreements. He acknowledges the challenges faced by employees in the current economy and emphasizes the importance of seizing new opportunities. Carter offers several tips for navigating the situation: First, he advises having an experienced attorney review the non-compete agreement, as recent legislative changes in Nevada may affect employees' rights and responsibilities. Second, he recommends maintaining detailed notes of any instances where the employer breaches the employment agreement. These steps are crucial for effectively challenging a non-compete.

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Some Non-Compete Agreements can be unreasonable and limit your future job prospects. If an agreement is unreasonable, due to something like an unspecific time period, it may be unenforceable.
If your non-compete has terms that are excessively restrictive, it may not hold up in court. Tricked or Coerced into Signing Under Duress: If you were coerced or tricked into signing the non-compete agreement under duress, it is likely invalid.
More seriously, the employer could file a lawsuit against you leaving you liable for money damages, attorney fees and court costs if you lose the suit. Your employer could also get an injunction from the court ordering you to stop competing immediately.
An employer can monitor your electronic activity on your company owned devices. If youre Googling job opportunities at competing companies or setting up interviews via email, your employer may be able to use this information as proof that you violated your non-compete agreement.
If you violate the terms of a legally enforceable non-compete agreement, your employee may ask the courts for an injunction to stop improper competitive activity and pursue actions (such as a lawsuit) to recover financial damages.
If your non-compete contract is found to be valid and enforceable, then you could be subject to legal consequences if you violate the agreement. An employer could be awarded an injunction, or even monetary penalties, against the former employee.
The following are the most common ways to get out of a non-compete agreement: Determine that the terms of the contract do not in fact prevent you from a desired course of action. Recognize when a non-compete contradicts the law. Negotiate a release agreement with the involved parties. Ignore the agreement.
Non-Competitive Activity at New Employer: One of the most straightforward ways to overcome a noncompete is by ensuring that your new role with a different employer is in a non-competitive capacity. If youre not engaging in activities that directly compete with your former employers business, you may be in the clear.

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