At Xite Realty, we always recommend our clients hire attorneys to review legal documents before signing. Negotiate the smallest non-compete radius. A reasonable non-compete radius should be between three to five miles. We've seen radius as large as 20 miles!
Reasonableness: Non-compete agreements must be reasonable in terms of their scope and duration. This means that the restrictions must be no broader than necessary to protect the legitimate business interests of the employer, such as protecting trade secrets, confidential information, and/or customer relationships.
Scheduled to take effect on September 4, 2024, the Non-Compete Rule banned non-compete agreements, including any agreements that “function or prevent” a worker from seeking or accepting work or operating a business; made it unlawful to enter into, enforce, or attempt to enter into or enforce, a non-compete agreement ...
LEGAL OVERVIEW Restraints on trade, such as noncompetes, are disfavored. However, Tennessee courts will uphold noncompetes in certain situations. First, the agreement must be supported by consideration. Second, the employer must have an interest that can only be protected through enforcement of the noncompete.
Compensation: An employer must offer some benefit to the employee in exchange for limiting future opportunities. For new employees, the job offer itself is generally considered sufficient compensation. Still, existing employees asked to sign a covenant not to compete may be entitled to a raise or promotion.
Non-compete agreements can represent between 0.3% to 7.0% of the value of an acquired business enterprise, depending on the industry segment. The upcoming FTC rule to ban most of these agreements starting in September 2024 could significantly alter the market dynamics and perceived value of these agreements.
Choropleth map showing California, Minnesota, North Dakota and Oklahoma have full bans on noncompete agreements. Nine states and D.C. have restrictions on noncompetes based on an employee's income level. 25 states have other restrictions on noncompetes while 12 states have no restrictions.
The rule defines a prohibited “non-compete clause” to include any contract term, workplace policy or term or condition of employment that prohibits a worker from, penalizes a worker for, or functions to prevent a worker from seeking work, accepting work or operating a business after the conclusion of the employment ...
The rule (the Non-Compete Rule) implicates unsettled issues regarding the FTC's authority to issue substantive competition regulations. Lawsuits challenging the rule followed. In one of those cases, a federal district court has declared the Non-Compete Rule unlawful and barred the FTC from enforcing it nationwide.