Alabama Clauses Relating to Venture Opportunities, competition
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FAQ
In Alabama, non-competes and non-solicitation agreements are void unless the agreement satisfies certain exceptions in the law. An employer seeking to enforce a non-compete must first establish it has a protectable interest.
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.
Most also know that generally restrictive covenants are only enforceable if that restraint on trade is being given in exchange for consideration. Consideration is something of value given in exchange for the performance or the promise to perform such as higher pay or additional benefits.
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.
Working for a competitor company or competing individual. Starting a company that offers the same products or services. Developing competing products or providing competing services. Recruiting former colleagues to join their new business, although this can also be done through a non-solicitation agreement.
Void contracts; contracts allowed to preserve protectable interests. (a) Every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise than is provided by this section is to that extent void.
For the court to enforce a non-compete clause, the agreement must be reasonable and fair to the employee and specific in its restrictions. When the agreement covers a short duration of time, such as six months to one year, and a not-too-large geographical location, the employer may obtain an edge in enforcing it.
(a) Whenever the State of Alabama is a party to any contract, the contract shall be executed by all parties in a timely fashion.