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What is an example of a noncompete clause?

(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.

What are the elements of a non-compete agreement to be valid?

For the court to enforce a non-compete clause, the agreement must be reasonable and fair to the employee and specific in its restrictions. When the agreement covers a short duration of time, such as six months to one year, and a not-too-large geographical location, the employer may obtain an edge in enforcing it.

What is a normal non-compete clause?

Typically, non-compete agreements arise between an employee and employer or a purchaser and seller of a business. The agreement typically provides that the employee (or seller of a business) will not enter into the field of work, or a similar field, to that of the employer (or purchaser) for a certain length of time.

What makes a non-compete invalid?

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.

What does a typical non-compete clause 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 Noncompete and Nonsoliciation Provisions - SHRM shrm.org topics-tools tools forms no shrm.org topics-tools tools forms no

What are the two most common settings for legitimate non-compete agreements?

- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship. When a non-compete agreement is ancillary to the sale of a business, it is enforceable if reasonable in time, geographic area, and scope of activity. Ch. 11 Requirements for a Contract Flashcards | Quizlet quizlet.com ch-11-requirements-for-a-contract-f quizlet.com ch-11-requirements-for-a-contract-f

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