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You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
compete agreement is a formal agreement between an employer and an employee that the employee will not engage in any employment activities that are in conflict or competition with their primary job.
If the court finds the non-compete too restricting, it won't hold up. Too broad or unnecessary: If the employer has created unnecessary restrictions on its employees, the court will not uphold the non-competition clauses.
Hiring someone with a non-compete can be risky for the new firm as well if you're hiring from a competitor. The previous employer can sue their former employee and the new employer. Even if they lose, if can cost the employee and new firm a lot of money in legal fees, and may prevent the person from working for a time.
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
A noncompete agreement is a contract that delays an employee from working for or becoming a competitor to their employer for a certain period of time after their working relationship ends. The enforceability of these agreements varies by state, and some states won't enforce them at all.
Like many other states, Alaska is an at-will employment state. This means that either employee or employer can terminate the work agreement at any time. The responsibility of the employer is to make sure that the reason for the firing is not illegal.
By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.
Legally Enforceable? Yes, a non-compete is legal in Alaska to protect trade secrets by reasonable means (AS 45.50. 920).
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.