Can a non-compete agreement be enforced in Connecticut?
According to Connecticut law, a non-compete is only enforceable against a former employee if it is “reasonable.” What is “reasonable” for a non-compete is determined through a five-part test. The parts are: The duration of the restriction. Generally speaking, longer restrictions are harder to enforce.
When do you have to sign a non-compete agreement?
Employers sometimes ask or even require new employees to sign non-competition (or non-compete) agreements as a condition of employment. Because these agreements typically continue in effect after the employment ends, a non-compete could affect an employee’s ability to find another job.
Can a employee defy a non-compete agreement?
Employees can always choose to defy a Non-Compete and risk the legal consequences. A business’ confidential information can still be secreted away by an employee in violation of a Non-Compete. Non-Competes can make such actions more difficult, and the consequences more severe, but they rarely make such occurrences impossible.
What should be included in a non competition agreement?
For Non-Competes obtained from newly hired employees, usually the agreement only needs to state that the employer’s willingness to hire the employee is the value exchanged for the employee’s agreement not to compete. For existing employees, however, additional consideration is required to make an agreement enforceable.
What is a standard non compete?
A standard non-compete clause typically defines specific parameters including duration, geography, and activities. Without a non-compete clause, there is nothing prohibiting an employee from leaving his or her employer equipped with the tools needed to join forces with a competitor or start a competing business.
Are non compete clauses legal?
Non-compete clauses in Virginia are legally enforceable if the business can show that the restriction is reasonable, prove that it does not violate Virginia’s public policy, and show that it does not overly restrict an employee from making money or finding a job in the future.
What do non compete laws?
In contract law, a non-compete clause (often NCC ), or covenant not to compete ( CNC ), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
Is my non-compete enforceable?
The non-compete is either enforceable as written, or it is not. Agreements between businesses are treated differently, so do not get confused when someone tells you that the court will find a way to fix any problems. Again, in the context of individual employment agreements, courts will not fix a non-compete clause that is unenforceable as written.