The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Competition Non Competition With Minimal Apparel In Montgomery
State:
Multi-State
County:
Montgomery
Control #:
US-00046
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Word;
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FAQ
Employers do enforce non-competes, but the extent varies. Some employers rigorously enforce these agreements to protect their business interests, while others may choose not to pursue legal action.
The Alabama statute is restrictive as to when a Non-Compete Clause is enforceable. Specifically, the Alabama Code Section 8-1-190 states that such clauses are void or unenforceable except in certain circumstances that are listed in the statute.
Under Alabama case law, the courts have on occasion limited or voided certain parts of non-competes or non-solicitation agreements that are overly broad in scope, geography, or duration. The new law specifically codifies that a court may now void or limit these agreements or void them in their entirety.
Enforceability of Non-Competition Agreements in Maryland If the agreement is too broad or vague, it is unlikely that a court will enforce the agreement. When a non-competition agreement is challenged, Courts in Maryland will generally enforce the agreement only: Against an employee providing unique services.
The following are the most common ways to get out of a non-compete agreement: Determine that the terms of the contract do not in fact prevent you from a desired course of action. Recognize when a non-compete contradicts the law. Negotiate a release agreement with the involved parties. Ignore the agreement.
The Alabama statute is restrictive as to when a Non-Compete Clause is enforceable. Specifically, the Alabama Code Section 8-1-190 states that such clauses are void or unenforceable except in certain circumstances that are listed in the statute.
If the restriction on the employee is for an unusually long period of time, there's going to be a problem. One to two years is typically reasonable, while three to five years is unlikely to be upheld by a court.