Restrictive Covenants For Contractors In Maryland
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FAQ
The “Blue Pencil” Doctrine If a court finds that there is overbroad language in a non-compete agreement, such as an overbroad geographic limitation, it may resort to “blue penciling” the non-compete agreement in an effort to salvage it.
In the minority of jurisdictions, like California, courts will likewise disregard the fact that something is labelled as a covenant not to solicit customers and/or clients, and may instead deem it akin to a covenant not to compete and treat it as such.
If the restrictive covenant is not sufficiently limited in duration and scope, it is not enforceable, unless, of course, the Court decides to rewrite the contract. Further, the enforceability of a restrictive covenant depends on an analysis of the reasonableness of the restriction under all of the circumstances.
Employees can challenge the validity of a non-compete agreement in court. You have the ability to go to court and to make a case that your employer's non-compete agreement is not enforceable.
Non-competes, conflict of interest provisions and other agreements that restrict the ability of a protected employee to enter into employment with a new employer or to become self-employed in the same or similar business or trade are deemed null and void under the law.
(3) A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self–employed in the same or similar business or trade shall be null and void as being against the public ...
(3) A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self–employed in the same or similar business or trade shall be null and void as being against the public ...
Maryland's non-compete law currently bans all non-competes for employees earning less than 150% of the State minimum wage.
If the non-compete agreement poses an undue hardship on the employee, Maryland courts may find it unenforceable. In conducting an undue hardship analysis, the court balances the legitimate business interests of the employer against the potential hardship the employee will experience.
