Non-compete agreements are often required by Employers to protect their legitimate business interests. You should contact an employment attorney to discuss the consequences of signing such an agreement. They often limit your ability to work in your chosen field in a certain geographic area for a certain amount of time. The agreements may also limit the activities you are able to do once you leave your Employer.
When the employment relationship has ended, Employees then may find themselves in a sticky situation because of the non-compete agreement they signed with their previous Employer. These agreements may be enforceable at law, but there may be ways to get out of them. A non-compete agreement must be reasonable. When courts analyze this, they look to the duration of the restraint put upon the Employee, the geographic scope of such limitation, and scope and extent of the restricted activity. These things are incredibly fact-specific. There is no bright line rule for a Court to follow about whether or not a non-compete agreement is reasonable. Consulting with an employment attorney can help you figure out where a Court may rule, but the facts will ultimately determine the outcome. Having an employment attorney advocate for your rights will help make sure your best case is presented to the Court.
Non-compete agreements may be voided in part or in whole by a Court because they are unnecessarily vague or ambiguous. The Employer bears a burden of proof to show that the non-compete agreement is reasonable and enforceable.
Sometimes, a non-compete agreement comes with some consideration to the Employee such as a cash exchange for signing the agreement. These help make the agreement more enforceable, and you should consult an employment attorney if you are presented with such an option.
The Employer should also have a legitimate business interest in limiting a former Employee’s competition with the Employer. This analysis can be tricky, and you should consult with an employment attorney to figure out where you stand on this.
If an Employer believes you are violating a non-compete clause you had signed previously, they may try to initiate an injunction against you while a lawsuit is pending before the Court. If this happens, call an employment attorney right away so that you can combat the injunction. The Employer has various burdens upon them to prove an injunction is necessary, which your employment attorney will be able to point out in Court.
Presented with a non-compete clause? Wondering if you can get out of one you previously signed? Being sued for violating a non-compete clause? Call an employment attorney at Woehrle Dahlberg Jones Yao PLLC today for a free consultation to discuss your options moving forward.
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About the Author:
Joseph Kirchgessner is an Associate at Woehrle Dahlberg Jones Yao PLLC and represents clients in a variety of matters, including domestic relations, employment, business, and personal injury/disability matters. Mr. Kirchgessner can be reached at (540) 898-8881 for help with your legal matter. Contact him today to schedule a free consultation.
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