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Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.
Certain restrictive covenants will be enforceable, if you are able to prove that they are: reasonable. necessary to protect legitimate business interests; and. of a duration no longer than is necessary to protect those interests.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding.
The only circumstances when a covenant not to compete can be enforceable against a physician (defined as any individual licensed to practice medicine in Connecticut) if it is part of an employment agreement made in anticipation of, or as part of, a partnership or ownership agreement OR the employment or contractual
Connecticut does not have any statute or regulation governing non- competes generally. Employers cannot require certain security guards to enter into an agreement preventing them from engaging in the same or similar job: 220e At the same location where they were employed.
Since non-solicitation agreements are generally more specific than non-compete agreements, they are more readily enforced by courts. To be enforceable, non-solicitation agreements must abide by certain rules: Valid business reason.
It also provides that a restrictive covenant is unenforceable where the employment relationship is terminated by the employer without cause. Connecticut has recently taken steps towards imposing further limitations on non-compete provisions.