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What are the exceptions to a non-compete clause?

Three Exceptions To a California Non-Compete to Consider Non-competes can be permitted under three exceptions. Exception #1: If the employee sells business goodwill. Exception #2: If the business owner sells their business interest. Exception #3: If the business owner sells all operating and goodwill assets.

How do you write a non-compete agreement?

A non-compete agreement template typically includes the names of the parties involved, the scope of the non-competition, the duration of the non-competition, the geographical area where the non-competition applies, and any exceptions or exclusions.

What violates a non-compete?

Unreasonable Time Period. The amount of time the employee is restricted from competing with the employer must be reasonable. An extended period where the employee cannot seek competing employment is not considered reasonable.

What makes a non-compete null and void?

Under AB 1076, employers must notify current employees and former employees (employed after January 1, 2022), that any noncompete agreement or noncompete clause contained within an agreement the current or former employee signed is void unless the agreement or clause falls within one of the statutory exceptions set

What are the exceptions to a non-compete?

Non-competes can be permitted under three exceptions. Exception #1: If the employee sells business goodwill. Exception #2: If the business owner sells their business interest. Exception #3: If the business owner sells all operating and goodwill assets.

What does a typical non-compete agreement look like?

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

What are the limitations of a non-compete agreement?

Reasonableness: Non-compete agreements must be reasonable in terms of their scope and duration. This means that the restrictions must be no broader than necessary to protect the legitimate business interests of the employer, such as protecting trade secrets, confidential information, and/or customer relationships.

What is an example of a non-compete statement?

(c) [Employee name] agrees not to set up in business as a direct competitor of [company name] within a radius of [number] miles of [company name and location] for a period of [number and measure of time (e.g., four months or 10 years)] following the expiration or termination of this agreement.

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