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A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.
Legally Enforceable? Yes, a non-compete is legal in Alaska to protect trade secrets by reasonable means (AS 45.50. 920).
Non-compete and non-solicitation agreements are clauses that attempt to limit a former employee's ability to work with a competitor and/or solicit former clients for a specific duration of time.
The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for
Alaska. In Alaska, although Non-Competes are not favored by courts, they are permitted, as long as they are narrowly tailored and reasonable with regard to the restrictions, and they are trying to protect a legitimate interest of the employer.
California - Non-compete clauses are not enforceable under California law. However, LegalNature's non-compete agreement may still be used to prohibit the employee from soliciting customers and other employees away from the employer.
As previously mentioned, non-compete agreements must involve legitimate business interests in order to be considered valid and enforceable in most states. In other words, the restrictions set forth in the agreement must be designed to protect interests that provide measurable value to the business/employer.
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.
Not necessarily. Fortunately for you, courts have recently limited the power of non-compete agreements to protect employees' rights, making it possible (though not guaranteed) for you to get out of your non-compete. For a non-compete agreement to be enforceable, it must first be reasonable.
In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.