Non-competition prohibitions should impose certain types of work. For example, if you have had access to trade secrets, confidential business information or extraordinary training, it may be more difficult to reject the agreement. However, if these things do not apply to your profession, there is a good chance that you will put in place legal assistance to withdraw from the contract. 9. Does my employer have to pay me extra money in exchange for a non-compete agreement? Although many companies agree to non-compete to protect their trade secrets or confidential information, if this information consists of lists of prospectuses that are publicly available for purchase, ingredients or widely disseminated techniques, their argument will be difficult to defend. The non-competition clause must be limited to its scope. This often refers to the geographical area of the restriction. An appropriate restriction may prohibit an employee from competing within miles, depending on the size and density of the population. An inappropriate (and therefore unenforceable) clause could prevent the employee from competing in the state as a whole. For example, a non-competition clause signed in Chicago, which limits competition to less than 5 miles, may be unacceptable, while the same scope could be considered acceptable in a more rural area.
24. I am negotiating a non-competition clause. Are there any things I should ask? Many contracts contain a provision called a "non-compete clause" or "restrictive agreement." You may have embellished it when you started your work, but if you decide it`s time to look for another gig, a non-competition can limit your options. Under the agreement you have signed, you cannot go to work for competing companies when you leave your job. You`re stuck, aren`t you? Legally not, but it may tell you that the employer does not consider the cost and risk of trying to enforce the agreement. It may also be that the employer decided that the agreement was probably not applicable anyway. It is not a guarantee that the employer will not try to impose it in your case, unfortunately. Before you deliberately choose to violate a non-compete agreement to which you are subject, contact a lawyer who can reach the agreement with you and help you evaluate an appropriate procedure. Has the employer made any oral promises to get you to sign a non-compete agreement and not implement it? You may have been told that the non-compete contract would only be applied if you went to a particular employer, but your former employer imposes it regardless of who you are going to work with.