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How to slide size in the Non-Compete Agreement Template

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welcome once again to latos law heres Steve lato I get asked generalized legal questions from time to time someone asked me Steve non-compete Agreements are they legal are non-compete agreements legal and that is you signed a document contract with somebody saying I wont compete against you for some period of time in some place and later on you have second thoughts is that agreement enforceable can you break it so heres going to tell you that 50 states in America will have slightly different variations of this but in most States the logic the rationale will follow the same thought process that Im going to explain to you right now so follow along so keep in mind state by state what Im telling you is not legal advice in your state its not legal advice in any state Im simply giving the guidelines the thought process if this actually affects you contact the local attorneys how it is in your area but generally speaking non-compete Agreements are enforceable so long as theyre reason

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How long do most non competes last?

On average, noncompete agreements stop former employees from taking a new job at a competing company for anywhere from six months to a year. However, in some high tech fields where employees have access to extremely sensitive information about new technologies, noncompete agreements could last as long as two years.

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 is the radius of a non-compete?

Geographic scope Consider how the radius may differ in a densely populated urban area compared to a rural area. A five-mile radius may be reasonable in the former, while a 25-mile radius might be acceptable for the latter.

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 is a reasonable geographic limitation in a non-compete agreement?

To be reasonable, the geographic restrictions should protect the legitimate business interests of the company, while being no greater than what is necessary to provide that protection.

What is the standard length of a non-compete agreement?

A Non-Compete Agreement typically lasts six months to two years, but varies depending on your states laws. A judge is likely to find anything longer than that to be unreasonable, and an indefinite agreement is out of the question.

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 reasonable non-compete period?

Typical non-compete periods are six months to one year, but they can last longer. However, it is difficult for businesses to enforce long-term non-compete agreements legally.

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