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Aug 6th, 2022
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do not sign a non-compete [Music] [Applause] [Music] hi again everyone it is chuck with bmac and it is time for another chuck chat and its been a little while so i figured itd be a great opportunity to kick off the fall season by talking to all of the college students who are out there right now and really playing a game of chess and moving their pieces to get yourself set for for moving out into the professional world and for those of you that might be looking into a position with a freight brokerage like us here at bmac i need you guys to really think about something and be very strategic about the companies that youre talking to and one of the biggest pieces of advice i can offer is do not sign a non-compete if you take a look at our industry and you just simply search those companies that are making their employees right out of college synon competes theres a lot and i want to encourage every one of you not to do that if you were to come on board to bmac you would not sign a no

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Here are some tips you can follow: Talk to a Lawyer. Consider the Scope of the Agreement. Limit the Scope of the Agreement. Exclude Certain Activities from the Agreement. Negotiate a Severance Package in Exchange for Signing the Agreement. Dont Sign the Agreement If You Disagree or Dont Understand It.
Employee agrees that for [months/years] after Employee is no longer employed by the Company, Employee will not directly or indirectly solicit, agree to perform or perform services of any type that the Company can render (Services) for any person or entity who paid or engaged the Company for Services, or who
Courts commonly invalidate non-compete agreements that are overly broad regarding the types of prohibited activities. For example, you cant restrict an employee from taking on work thats unrelated to the work they performed for you.
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. Non-Competition Agreement Was Never Signed: If you can prove that you never signed a non-compete agreement or that it was forged, this is a strong defense.
Generally speaking, you must either show that the terms of a non-compete are unenforceable or docHub a release agreement with other parties. 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.
Agreement is for too long a time period: For employees, a period of less than 6 months is presumed valid, and over 2 years is presumed invalid. In between, the employer will have to prove that the time period is reasonable. However, most courts will assume that agreements up to 2 years are reasonable.
Non-compete clauses restrict a contractors ability to work for a competitor or start a competing business for a defined period post-termination. Common elements include: Duration - Typically 6-12 months. Longer durations may face greater legal scrutiny.
Non-competes are still valid even if youre fired from your job. The agreement is more focused on what happens after you leave an employer, regardless of the circumstances, so it still applies.

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