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If you have, the answer is clear: you cannot compete with your employer. A Non-Compete clause or agreement will not restrict all of your activity, however; it will restrict specific competitive activity, usually in a specific geographic area for a specific time.
Legally, you have no obligation to tell your employer where you are going. There is no need to let them know where you will be working if they know where you live.
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.
Yes, but you should be informed when you do. This is important because you want to make sure you alert your new employer to any issues it may face as a result of your current non-compete since those obligations follow you after you leave your current employer.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
Non-compete agreements are only enforceable if they: are reasonable in duration, geographic area, and scope, are necessary to protect a legitimate business interest, are consonant with public policy, and.
By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.
Yes, a non-compete is legally enforceable in Hawaii if it is reasonable.
Non-compete fails The Hawaii Supreme Court noted the national trend away from the enforcement of non-compete provisions. The court observed that such restrictions must be supported by a legitimate purpose (simply protecting the business from additional competition is NOT a legitimate purpose).