This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Arizona Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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How to fill out Complaint For Injunctive Relief And Damages For Breach Of Noncompetition Agreement - Breach Of Contract - Violation Of Trade Secrets Act?
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FAQ
Some Non-Compete Agreements can be unreasonable and limit your future job prospects. If an agreement is unreasonable, due to something like an unspecific time period, it may be unenforceable.
If a non-compete clause does not exceed three months in duration, existing English law limitations on enforceability will still apply; in other words, the non-compete will be unenforceable unless shown to extend no further than is reasonably necessary to protect the employer's legitimate business interests.
In Arizona, non-solicitation agreements may be enforceable if they are ?reasonable.? This means employers may be able to prohibit an employee from soliciting other employees and customers/clients for a period of time.
If you haven't signed a non-compete contract, then your employer cannot stop you from working for a competitor. If you have previously signed a non-compete contract, consider contacting an employment lawyer to help you understand the terms of the contract and how it can affect your employment options.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
Negotiating with your old employer This is time-consuming and can be expensive, so they might prefer to compromise. Start by explaining why you don't think the restriction should apply. Explain why your new job won't harm their business. They might have misunderstood what your new job is or where you're working.
If you don't follow a restriction If your employer wants you to follow the restriction but you ignore it, they can only stop you taking a new job by taking you to court. This might sound worrying, but it's time-consuming and can be expensive, so they might not do it - especially if the restriction is too wide.
Noncompete agreements in Arizona are perfectly legal and will be enforced when they meet certain conditions. Arizona courts will uphold reasonable noncompete agreements that don't restrict employees for too long or from too far away.