Non-competes are enforceable in Utah in many situations. A Utah court will usually enforce a non-compete agreement if the employer shows that the agreement was not made after “bad faith” negotiations and that agreement was necessary for the company to protect its interests.
Employers do not need to notarize non-compete agreements. The dated signatures of a company representative, such as a manager or HR representative, and the employee are typically sufficient.
(c) Employee name agrees not to set up in business as a direct competitor of company name within a radius of number miles of company name and location for a period of number and measure of time (e.g., “four months” or “10 years”) following the expiration or termination of this agreement.
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.
Under the Noncompete Rule, the FTC adopted a comprehensive ban on new noncompetes with all workers, including senior executives. The final Noncompete Rule provides that it is an unfair method of competition—and therefore a violation of Section 5—for employers to enter into noncompetes with workers.
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.
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.
A noncompete agreement has the ability to threaten your future job prospects, prohibit you from using your hard earned skills and compromise your livelihood. Fortunately, it is unlawful for an employer to enforce non-compete agreements in California.