Non-Compete Agreement
Candlefocus EditorNon-compete agreements are legally binding documents agreed upon by both employers and employees. Under an agreement, the individual agrees not to compete with the employer or reveal trade secrets and confidential information they obtained while employed. By signing a non-compete agreement, the individual agrees that they will not use confidential information to both start a competing business or work for a competitor. This also applies to any of their family and/or relatives as well.
Non-compete agreements can be complex and vary greatly from one agreement to another, depending on the specifics of the contract and the employer’s expectations. As such, for an agreement to be legally binding and enforceable, the limitations included in the agreement must be reasonable in regards to scope, territory, duration, and activity. Typically, the scope of the agreement should be limited to the activity or services related to the employer’s business, it should specify a definite geographic region, the duration of the agreement should be reasonable, and the intended activities should be specified.
In most cases, non-compete agreements are not enforceable unless an employer can demonstrate economic harm if a former employee is allowed to work for a competitor. It is important to keep in mind that although non-compete agreements are enforceable in some states, they may not be in others. For example, California prohibits non-compete agreements in most circumstances, if the employee is unable to prove that the agreement is reasonable and in the public interest. On the other hand, states like Colorado and Georgia view such agreements more favorably.
Overall, it is important for employers to understand the risks and limitations of non-compete agreements before implementing them. It is also important for employees to understand that signing such an agreement will restrict their ability to compete with the employer after their employment relationship has ended. In any case, employers and employees should make sure to consult a lawyer before signing any type of contract – including a non-compete agreement.