Is My Non-Compete Agreement Fair?

 Posted on June 20, 2022 in Business Law

For many companies in today’s business environment, protecting their business practices and proprietary information is of paramount importance. Many new employees will be asked to sign a non-compete agreement to prevent them from leaving and working for a competitor or starting up their own business using their previous company’s sensitive information. However, there are limits on what a non-compete can cover. Before you sign a non-compete, it is best to fully review the scope and restrictions that the agreement places on future employment if you decide to leave the company.

Details to Understand in a Non-Compete Agreement

As you are starting at a new company or taking on a role with more responsibility at your current employer, you may have questions about how a non-compete agreement may impact your future employment prospects. Items that are commonly included in non-compete agreements that you should fully understand before signing it include:

• How long will it last after you leave the company?
• What is the restricted geographic limit covered by the agreement?
• What are the consequences of breaching the agreement?
• What is the full scope of what is restricted information under the agreement?

Most agreements last for two years, but the length and scope of what is covered vary depending on the industry.

Enforcing a Non-Compete Agreement

Once you decide to leave a company, you should ensure that you understand the exact scope of the agreement and how it may be enforced, especially if you are having trouble finding work in your field under the terms of the agreement. Employers are likely to enforce an agreement once it is signed, but it is possible to negotiate a deal to get you out of the agreement. If an employer believes you have breached a non-compete agreement, you may be sued for the violation of an agreement and for damages for sharing confidential information. However, you may disagree with the company’s interpretation of the agreement or are finding that the terms are too restrictive and would like to challenge the validity of the agreement. Some details that may make a non-compete unenforceable include:

• Unrealistic restrictions on the length of working for a competitor or the restricted geographic area
• Restrictions on the timeframe, geographic area, or scope of work that are too broad or not specific enough
• Restrictions that are too burdensome and make it too challenging to make a living

Contact a Metro New York Area Employment Law Attorney

If you have questions about an agreement, it is best to contact an experienced non-compete agreement lawyer. At Ivey, Barnum & O'Mara, LLC, our Greenwich non-compete agreement lawyers have extensive experience in non-compete agreements, confidentiality agreements, and other issues of employment law. Our team includes attorneys licensed in both New York and Connecticut. Call us at 203-661-6000 to schedule a free consultation.

Source:

https://www.forbes.com/sites/heidilynnekurter/2021/11/29/employees-here-are-4-things-you-should-know-about-non-compete-agreements/