Is a noncompete enforceable in Arizona?
In Arizona, non-compete agreements may be enforceable if “reasonable.” In determining whether a non-compete is “reasonable,” courts evaluate several factors, none of which are controlling. The factors are: Duration. In those circumstances, a 6-month non-compete may not be “reasonable” in terms of duration.
What is a non-compete agreement in Arizona?
A non-disclosure agreement keeps employees or former employees from sharing company information with third parties. The NCC prevents former workers from being employed by competitors. As a result, the NCC will be much more challenging because it will prevent employees from accepting a better job offer in the future.
When to enforce a non-compete agreement ( NCC )?
The condition indicates that the NCC can be enforced whenever the timeframe isn’t irrationally extensive and it does come with an acceptable geographic scope. A reasonable timeframe is anything up to 12 months from the date of the employment contract termination.
Can a generic NCC be used in Arizona?
A generic NCC template cannot be used to create a legally-binding document in Arizona. The scope and the limitations under such a clause will almost always be declared unenforceable in court. The best NCCs are drafted by employment attorneys and tweaked every single time an employee is asked to sign such a document.
When to sign a non-compete agreement with an employer?
Even if you’re not in the job market right now, you should pay attention to the growing pressure on employees to sign non-compete agreements . You might be confronted with a new non-compete form by your current employer when receiving a raise or promotion.
What happens in a dispute over a non-compete contract?
In a dispute involving a non-compete contract, the court will usually try to determine if the terms of the contract are reasonable. If your employer presents you with a non-compete agreement and you decide to sign the contract, you are promising not to compete against your employer once your employment ends.
What is the enforceability of non-competes in my state?
As discussed above, Non-Compete laws vary on a state-by-state basis. Some states are more lenient in their treatment of allowable Non-Competes and others are more strict. That being said, however, there are other states that don’t permit Non-Competes at all.
Can a non-compete be allowed in Alaska?
In Alaska, although Non-Competes are not favored by courts, they are permitted, as long as they are narrowly tailored and reasonable with regard to the restrictions, and they are trying to protect a legitimate interest of the employer. The court will look at several additional factors surrounding the details of the employment relationship, as well.