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Navigating around a non-compete clause requires careful consideration of your legal options. One approach is to assess if the clause is enforceable based on state laws and its reasonableness. Additionally, seeking roles that do not conflict with the prohibited activities can be effective. Platforms like US Legal Forms provide resources to help you understand these clauses better and guide you through potential strategies.
In fact, they are generally presumed to be unenforceable unless the employer can demonstrate that they're reasonable in the circumstances. If you have any questions or concerns about the enforceability of a non-competition clause, it is a good idea to seek legal advice from an experienced employment lawyer.
The enforceability of noncompete and nonsolicit agreements varies wildly from state to state. In California, noncompete provisions are famously banned, while in Florida noncompete provisions are permitted if properly drafted.
Being a remote employee entails extra expenses. Thus, an essential clause for a remote contract is the Expenses clause. Energy, internet connectivity, and travel expenses come with remote working. Employers need to cover these expenses in a contract for remote employees.
So ?non-compete? agreements are not enforceable in California.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.