The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Alabama Employee Confidentiality and Unfair Competition - Noncompetition - Agreement
State:
Multi-State
Control #:
US-00046
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Employee Confidentiality And Unfair Competition - Noncompetition - Agreement?
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FAQ
A employee non-competition agreement is, in my opinion, ethical when it is reasonable based on the specificity of the terms of the agreement, including (i) who qualifies as a competitor; (ii) what activities would be considered competitive; (iii) where such competitive activity should be prohibited; (iv) when
Non-competes no good against independent contractors. The Alabama Supreme Court has also construed the wording of the current statute's predecessor (language also contained within the current statute) to preclude enforcement of non-compete agreements against independent contractors (as distinguished from employees).
If the clause is enforceable and you're in breach, there are various sanctions that your ex-employer can seek. These include: An injunction: This would stop you from carrying out your new role and you may also face payment of the other party's legal costs.
compete clause is not legally enforceable unless it is reasonable. Whether or not it is reasonable should, under current law, be decided by reference to the circumstances at the time it was entered into.
Non-compete clauses and restrictive covenants are highly enforceable in the UK in order to protect the business the employee is leaving. They have to be narrowly defined and should only stay enforced for the time that is required to protect the business.
In the state of Alabama, the general laws disfavor non-compete agreements. For example, according to the state's 2016 statute update under Alabama Code Section 8-1-1, every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind...is to that extent void.
- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship.
The non-compete clause is limited to a specific geographic area with no more than a two-year duration regarding its restrictions. The agreement is to not solicit the current customers of the business in question for up to 18 months maximum.
And the use of a confidentiality agreement means that those who receive the information are obligated to maintain the information in secret, which legally prohibits that disclosure subject to an agreement from being a general disclosure that would defeat a trade secret.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
