Easily Replace Calculations into the Non-Compete Agreement

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How to Replace Calculations into the Non-Compete Agreement

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first thing to keep in mind is that non-competition law is very state specific so that what type of law governs a non-competition agreement say in Massachusetts may be quite different than what governs a non-competition agreement in New York in Massachusetts for over 40 years there has been a theory called the material change doctrine and it is derived from case law from court court decisions in essence what the doctrine provides is that if an employee signs a non-competition agreement at the inception of employment and over the years his or her duties and responsibilities change in a material of fashion and the non-competition agreement does not change and the employee then leaves his or her employment and goes to work for a competitor the fact that the non-competition agreement has not changed over the time yet the fact that the duties of employment have changed may void or make invalid the non-competition agreement so that that is generally referred to as the material change doctrin

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What makes a non-compete null and void?

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.

What are alternatives to non-compete clauses?

Alternatives to Non-Competes with Employees Non-Solicitation Agreement: A non-solicitation agreement only prohibits an employee from soliciting your employees or customers. Confidentiality Agreement: This is often called a non-disclosure agreement (NDA) and at a minimum, all employees should sign this agreement.

How is distance measured in non-compete?

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.

How to answer are you currently subject to a non-compete agreement?

Tell them you have a non-compete agreement with a previous employer and you fully intend to honor that agreement, concluding that you cant see how it would prohibit or restrict your ability to perform your prospective new job.

How do you calculate non-compete distance?

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.

What is the accounting treatment for non-compete agreements?

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.

How do courts measure distance in non-compete contracts?

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.

What is a typical non-compete radius?

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.

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