Alabama Confidentiality and Noncompetition Agreement between Executive and Corporate Employer for Real Estate Development Business
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FAQ
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.
Confidentiality agreements can either protect both parties and so both parties are agreeing not to disclose or use each other's confidential information. In contrast, non-compete agreements are almost always one-sided agreements. Usually, one party (the employer) requires the other party not to compete.
Legal Requirements for Non-Competition Agreements In order to be considered valid, a non-competition agreement must: Be supported by consideration at the time it is signed. Protect a legitimate business interest of the employer. Be reasonable in scope, geography, and time.
- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship.
Alabama Non-Compete LawAlabama law generally frowns upon non-compete agreements, stating that every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise is void.
Important Terms to Include in Non-Compete AgreementsTime and Geographic Scope.Tolling of Non-Compete Period.Protectable Interests, Injunctive Relief, Attorneys' Fees, and Costs.Choice of Law and Forum Selection.Assignment.Material Job Changes.Right to Inform New Employer.
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.
A traditional non-compete stops an employee from working for a competitor in a certain geographical area for a certain amount of time after leaving the company. A non-solicitation agreement prevents an employee from poaching customers, contracts or other employees from the company that first hired them.
The non-solicitation agreement is a less restrictive contract and is narrowly aimed at preventing an employee from soliciting his or her former employer's clients. Unlike the non-compete agreement, the employee is allowed to immediately start work in the same industry and in the same geographic area.
