Alex When is a non-compete is not enforceable?
If the public is going to lose the ability to obtain the medical services you provide if you are forced to sit out, the non-compete will not be enforced. Of course, there will be gray areas depending on the facts, so it is always good to consult a lawyer before thumbing your nose at a non-compete.
Can a non-compete agreement be enforced in Texas?
Other states, like Texas, will enforce the agreement but the courts often re-write non-compete provisions to the restrictions the employer can prove are necessary to preventing an unfair advantage by the new employer. In California, non-compete agreements are illegal and unenforceable except in very limited situations.
What happens if you refuse to sign a non-compete agreement?
In addition, employers who have fired employees working in California for refusing to sign a non-compete agreement have been liable to the employee for wrongful termination and have also been liable for damages for unfair trade practices for trying to enforce a non-compete agreement in bad faith.
Can a court fix a non-compete clause?
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.
What is the purpose of a non compete?
Generally, the purpose of a non-compete clause is to prevent an employee from competing with the employer in a certain region for a specified period of time. The policy rationale is that the employee should not be able to exploit the employer’s proprietary information for personal gain.
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 is a non compete agreement?
Non-Compete Agreement. What is a Non-Compete Agreement? A non-compete agreement is a contract between two parties, usually two individuals or one company and one individual, in which one of the individuals promises not to compete with the other individual or company once their relationship with the company has ended.
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).