Non-compete clauses are a crucial tool that many organisations use to prevent competitors from obtaining trade secrets and insider information. However, in order to ensure that you can truly enforce your agreements, non-compete clauses must be carefully crafted.
The key to effective non-compete agreements is having clearly stated restrictions that safeguard your company's interests while not being so onerous as to unfairly prevent former employees from finding employment in their sector in the future. You should work with a lawyer that focuses on contractual law to make sure that your agreements are thus clear and balanced. A lawyer will also be knowledgeable with the specific legislation and case law that your state's non-compete laws are based on. For more information on Non-compete lawyer, visit our website today.
In general, you should try to ensure that the non-compete agreement safeguards both the interests of your employee and those of your company.
safeguarding employee rights
The former employee's capacity to find work in their profession cannot be unduly restricted by the agreement. Make sure you consider and clarify these things with care:
The area in which the non-compete is in force: The territory you designate should be restricted to the region in which you operate your business. Your non-compete agreement could not be legal if you expand the region outside where you now conduct business. How long the non-compete agreement will be in force: A non-compete must specify a time frame after which the former employer can look for work with a rival. the kinds of work activities that your former employee is not permitted to perform. The agreement can be void if the sorts of occupations and positions are not expressly defined. However, you cannot prevent a former employee from working somewhere else if they did not work for you before. What the employee gets in exchange: This can be as simple as specifying that the employee is receiving employment in exchange for the non-compete, though some employers also include garden leave provisions where they continue to pay the salary and benefits of a terminated employee during the non-compete period if the employee is unable to find gainful employment in their field as a result of the agreement. Defending the Employer's Rights
A solid non-compete clause will safeguard you as an employer by making sure that:
An ex-employee does not work for a rival company The employee does not divulge any private company data, such as contacts, plans, or trade secrets. If the non-compete agreement is breached, the former employee will be responsible for financial penalties, including legal costs. Non-compete clauses are not straightforward contractual documents to draught, and a general template is not really acceptable. You ought to consult with a contractual law attorney who practises in the state where you conduct business and who specialises in creating enforceable non-compete agreements. The agreement should be customised for certain employees in particular roles inside your business. Making sure your contract is solid can spare you the suffering of losing business and information to a rival while being unable to stop it. Want to know more about the best Employment Attorney? Visit our website for more information.
