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Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding.
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An agreement for employees not to work for a competitor, not form a competing business, and to maintain confidentiality during employment. This agreement may or may not be enforceable depending on state law.
Duration: Post-termination restrictive covenants that exceed 6 months are unlikely to be enforceable unless the employee is in a very senior, executive or key business role (see further under Question 6).
The short answer to whether non-solicitation agreements are enforceable in California is maybe. As a general rule, an employee is bound by a reasonable contract that prohibits an employee from soliciting former clients or employees of the employer.
Employers benefit from non-compete agreements because they keep a former employee from sharing industry experience, knowledge, trade secrets, client lists, potential clients, strategic plans, and other information that is confidential and proprietary to the employer with competitors.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.
In Connecticut, non-compete provisions in physician employment agreements, also known as restrictive covenants, have long been considered reasonable restrictions on competition and enforceable.
Connecticut has no statute or regulation that governs non-competes generally. Most non-compete agreements in Connecticut are governed by case law.