Do you need a lawyer for a non-compete clause?
Any employer seeking to draft or enforce a non-compete clause should seek the advice of a skilled employment lawyer. As established above, clauses must be carefully drafted in order to withstand the scrutiny of a court, and may not apply in every circumstance.
What is a non-compete clause in an employment contract?
What is a Non-Compete Clause? A non-compete clause is a form of a restrictive covenant, generally built into an employment contract, which spells out restrictions on the employee with respect to future work should they eventually leave their current employer.
What should I know before signing a non-compete agreement?
Before signing a non-compete agreement, learn about the laws regulating non-compete agreements in your state. Then, read the agreement (and the rest of your contract) in full. If possible, consult with an employment lawyer who can tell you whether there are any provisions that are far outside of legal norms in your state.
Can a non-compete clause be sued in California?
Laws about non-compete litigation vary significantly between states. Noncompete clauses are unenforceable in some states such as Oklahoma and North Dakota, whereas in California, for example, employers who require a non-compete clause can even be sued. Before signing, research the laws in your state. How enforceable is a non-compete clause?
Can an employer enforce a non-compete against me in?
The statute clarifies first that noncompetition agreements must be in writing and signed in order to be enforceable. Then, when an employee challenges the validity of a non-compete clause, the employer must show the existence of one or more legitimate business interests justifying the noncompete provision.
Before signing a non-compete agreement, learn about the laws regulating non-compete agreements in your state. Then, read the agreement (and the rest of your contract) in full. If possible, consult with an employment lawyer who can tell you whether there are any provisions that are far outside of legal norms in your state.
Can a non-compete agreement be enforced in Florida?
Similarly, if you have been asked to sign a non-compete agreement or other restrictive covenant, it is wise to consult with an employment lawyer prior to signing. An experienced employment law lawyer in Florida can help.
Can a non-compete clause be enforced in BC?
Myth 1 : Non-competes are never legally enforceable. This is common myth. Non-competition clauses can be enforced by courts in BC. It is true that employers face an uphill battle in getting a judge to agree to enforce a non-compete, but it can and does happen.