This form is used when an Employee agrees to be employed by an Employer, and the Employer agrees to employ the Employee, for the purpose of performance by and on behalf of the Employer as may be reasonably requested from time to time by the Employer. This agreement contains a covenant not to compete clause.
Alabama Employment Agreement with Covenant Not to Compete
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How to fill out Employment Agreement With Covenant Not To Compete?
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Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
A covenant not to compete has three elements: (1) a limitation on the work that may be pursued by the employee, (2) a definite time, and (3) a definite geographical area. The time and geographical restrictions are usually straightforward; the limitation on work is a little more complex.
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.
A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.
Restrictive covenants cannot be ignored. Someone may have told you that employers never enforce them. That is a common misconception. On the contrary, the courts regularly enforce restrictive covenants in employment contracts.
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.
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 covenant not to compete has three elements: (1) a limitation on the work that may be pursued by the employee, (2) a definite time, and (3) a definite geographical area. The time and geographical restrictions are usually straightforward; the limitation on work is a little more complex.
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).