I Did Not Sign A Non Compete Agreement



-September 23, 2021-

I Did Not Sign A Non Compete Agreement

Mike Burroughs

Each state has its own non-competition standards. For specific information about your state`s competition bans and current legislation, please contact a lawyer in your country. At the federal level, the White House published a report in 2016 on competition bans in the employment relationship, which states that they can "impose considerable costs on workers, consumers and the economy in general. It is important that courts often take into account these factors: geographical scope, duration, nature of obligations and reduced counterparties - one in relation to the other. For example, a broad geographic scope – say an entire state – may be more applicable if the duration of the restriction is short – say a month. On the other hand, a wide geographical area, coupled with a long period of prohibition, is more likely to be found unenforceable by a court. In looking at geographic scope, the courts look at the services provided by the employer. The court generally does not allow a non-competition clause preventing a worker from working in an area where the employer is not working. If you choose to leave an employer with whom you have committed not to compete, the employer should do nothing. In this case, be sure to make some sort of agreement with the employer so that you can do what you want.

Also make sure that the employer releases you from your non-competition clause with a signed document. If your employer does not ask you to sign a non-competition clause or if you refuse to sign while keeping your job, you are still subject to certain restrictions of competition. For example, in Florida, the law supports competition bans so that the facts of your situation and the state in which you live determine where the agreement is enforced against you. The courts are very reluctant to impose a non-competition clause broad enough to prevent an employee from working. There are also courts that have relied on state constitutions to limit the ability of employers to prevent a worker from working. Or, if you have acquired certain confidential knowledge that you would inevitably use for your new employer in the course of work, a court may consider it a legitimate reason to maintain a non-competition clause. Competition bans, also known as Covenants to Not Compete or Restrictive Covenants, are common in employment contracts, work applications, and contracts for the sale of businesses. . . .


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