Delete Calculations from the Noncompete Agreement and eSign it in minutes

Aug 6th, 2022
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How to Delete Calculations from the Noncompete Agreement

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lets talk non-competes im brian barakat i am a restrictive covenant attorney here in south florida i want to talk to you today about how do i get out of my non-compete people ask me all the time how do i get out of my non-compete and i want you to consider when youre asking that question right is it at the beginning of employment during the employment at the end of employment or after because your negotiating power changes dramatically the best way to get out of your non-compete is not to sign it in the first place when you walk into that initial interview and you have that initial negotiation either refuse to sign it or limit it the next best time to get out of the non-compete is when youre terminating your employment there are a number of consumer protection laws that are designed to protect employees when they are in transition right things that give you the right to overtime and the right to certain uh payments when youre leaving an employer and most employers are aware of tha

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MYTH #6: THE GEOGRAPHIC SCOPE OF A NON-COMPETITION RESTRICTION IS MEASURED BY DRIVING DISTANCE. REALITY: Geographic distance restrictions are measured as straight-line distances or as the crow flies. Such measurements are now readily available from Google Earth or other GPS measurement services.
A noncompete agreement is an intangible asset because there is value in preventing another party from operating a business within the same industry. While it is difficult to place a specific value on a noncompete agreement, value can be assigned during purchase accounting.
A reasonable non-compete radius should be between three to five miles. Weve seen radius as large as 20 miles! If you agree to a radius that is too large, you could easily be prevented from practicing in an entire city.
Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employers business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employers business.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
The trial court looks at the specified regions or radius contained in the non-compete to determine whether the geographic scope is reasonable. Generally, courts find that an agreement is reasonable if the geographical restriction coincides with the area where the employee previously worked.
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.

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