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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.
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.
Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable.
In Connecticut, non-compete provisions in physician employment agreements, also known as restrictive covenants, have long been considered reasonable restrictions on competition and enforceable.
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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.
Connecticut courts can modify or blue pencil the terms of the restrictions and enforce them as modified. However, the non-compete agreement must state the intent to make the terms severable (Gartner Group, Inc., 1992 WL 4766, at 5). Connecticut courts do not blue pencil if the terms are not severable.
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
Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding.