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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).
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.
Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.
Non-Competition Clause Examples Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach. Example 4: Extra protection in business contracts.
Written Contracts Provide Proof of Details It provides the ultimate understanding of the agreement between the owners of a company or its investors, about the services rendered by a third party, or payment obligations to your hired workers. All these things should be stated within the written contract as legal proof.
Noncompete agreements are traditionally disfavored for two reasons: (1) the policy that an employee should be free to sell his or her own labor at will; and (2) the public interest in unimpeded trade.
General Statute and Regulation. Under Arkansas law, a court will enforce a non-compete agreement if the agreement is ancillary to an employment relationship or part of an otherwise enforceable employment agreement or contract to the extent that both: The employer has a protectable business interest.
Non-competes ensure the employee will not use information learned during employment to start a business and compete with the employer once work is over. It also ensures the employer keeps its place in the market. Non-competes should be designed to protect the best interests of the employer and the employee.
Non-competes restrict where and when you can work after leaving your current job. Such agreements prohibit an employee from working for a competitor or from starting her own competing business within a geographical area for a certain period of time after leaving her job usually between six months and two years.
The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for