There are many aspects to dealing with non-compete obligations. Below you will find discussions not only about the legal standards for non-compete obligations, but also about negotiations with former employers or employees so that the employee can accept a new job, as well as the different types of legal actions that can take place. A non-compete clause will ultimately affect your livelihood for a while and will have a huge impact on you. This is not something you should not take lightly from your employer or you. If you were bound by such an agreement, it is important that you immediately contact an employment attorney in Florida to discuss the details and implications. If you have already signed and agreed to the terms, it may be necessary to challenge the agreement in court. In such cases, we will represent you throughout the dispute. If you violate a non-compete clause or non-solicitation clause, your former employer could sue you (and your new employer) to enforce the agreement and, if they win, to obtain monetary damages and other remedies, including forfeiture of profits made in a competing business, an order that prevents you from working for your new employer, and requires you to pay your former employer`s legal fees. In other words, a mistake in this area could have a serious impact on your ability to make a living. Are you an employer? Learn more about what you need to know about what to consider when creating and implementing employer bans in Florida. Many employers attempt to protect their business interests by requiring workers to sign agreements that prevent them from engaging in competitive activities during their employment and for a certain period of time after leaving the job. A typical non-compete obligation may discourage the employee from working for a competitor in a specific geographic area for up to two years, performing tasks similar to those performed by the employer.
However, some employers try to make much more restrictive agreements. For example, they may try to prevent the employee from working for a competitor anywhere in the world or in any capacity for five years or more. If you are having difficulty dealing with a non-competition clause or a non-solicitation clause, HKM Employment Attorneys can help you understand the details and work towards a positive solution to your case. HKM Employment Attorneys has experience in protecting workers from companies of different sizes and from all sectors. Contact us today to work on recovery. In the past, under the old law, a non-compete obligation could be established for a variety of reasons. Often, these agreements have been declared null and void because one or more aspects of their restrictions have been deemed inappropriate. For example, if the duration was too long, the geographical scope too large or the limited activity too wide.
HKM Employment Attorneys LLP in St. Louis has a proven track record of managing non-compete and solicitation prohibitions. By combining a national reach with a personalized approach, HKM Employment Attorneys can serve as a champion in a lawsuit against companies of all shapes and sizes. If you need legal assistance, please do not hesitate to contact us today for assistance. The element where problems usually arise in the case of a non-compete obligation is consideration. Problems with the validity of a non-compete obligation in Texas may arise if the employee`s only consideration is job retention or if the employer has not provided new trade secrets or confidential information in exchange for a promise not to compete. Talk to a non-competing lawyer in Austin as soon as possible! There may be information in the non-competition clause you signed that would make your employer`s case against you very difficult for them. Or you can take steps that are extremely harmful to you.
You should contact a lawyer to review and better understand your situation. It is increasingly common for employers to make a job offer conditional on non-compete obligations and non-competition clauses. Often legally referred to as restrictive covenants, non-compete obligations and solicitation prohibitions apply certain restrictions when an employee changes jobs. Since restrictive agreements prevent former employees from exercising certain freedoms, the courts have established strict guidelines for non-competition and solicitation prohibitions. For example, companies often argue that their customer lists are a trade secret that deserves to be protected by a non-compete obligation. However, customer lists aren`t always as secretive as they`d have you believe. With the amount of information made available to the public on the Internet, most of the information in a customer list could easily be obtained from anyone else. It is up to the employer to defend the reasons for its non-compete obligation. The top rated non-competing lawyers in Arizona at Denton Peterson Dunn, PLLC are qualified to handle your competitive case with the utmost professionalism and care for each case. Arizona`s non-competing lawyers have successfully mastered many non-compete obligations for employees and employers, and are fully equipped to handle yours with ease. Talk to one of our Arizona business lawyers today, and we can help you decide what is the best course of action for your non-compete agreement, including drafting the agreement. We pride ourselves on helping employers and employees with our in-depth knowledge and experience in non-compete obligations.
A non-compete obligation is a contract, so it must meet the requirements of a contract to be valid. The three elements of a contract are: The first step we take to resolve a dispute between a former employee and a former employer is to negotiate a compromise. What does the former employer really need to protect? Is the employee really looking for a job that hurts the former employer? Can the work that the employee undertakes be limited within the new company in order to satisfy the employer? As non-competing lawyers, we try to reach an agreement that saves both parties the costs and hassle of a legal dispute. Most often, arrangements can be made as long as employers and employees are adequate. David Allen Roberts, an employment attorney in Georgia, and Hall, Arbery, Gilligan, Roberts & Shanlever, LLP provide clients with a “large firm” service without the exorbitant legal fees that often lead to the resolution of non-compete cases in Georgia and other labor and business disputes. Click here for a full biography of the lawyer. Click here for testimonials from clients Mr. Roberts has represented.
Ultimately, all non-compete obligations are enforceable only to the extent necessary to adequately protect the goodwill of employers. Non-compete obligations are more likely to be enforced if the agreement does not restrict the employee beyond the area in which he or she worked for the employer. Sometimes this is measured within a 5-mile radius, but sometimes it is national. The details of each situation are extremely important. At Denton Peterson Dunn, PLLC, we have extensive experience in drafting and enforcing non-compete obligations. Let us help you protect your business with enforceable non-compete obligations, from drafting to litigation with the help of a business law firm in Arizona. .