Idaho Employee Restrictive Covenants

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US-TC0916
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Description

Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.

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FAQ

Because a non-compete agreement is a contract, so long as it is a valid contract, it will be enforceable under existing Idaho law.

There are several types of restrictive covenant but the most common are: Non-compete clauses. Non-solicitation and non-dealing clauses. Non-poaching clauses.

When is the last paycheck due after an employee separates? Idaho law requires that if an employee quits, is terminated or laid off, all wages then due must be paid the sooner of the next regularly scheduled payday or within 10 days of the separation (weekends and holidays excluded).

Ing to the Idaho Department of Labor, ?Idaho is a ?work at will? state. This means there is no set length for an employment relationship and either the employer or the employee may end it at any time, with or without notice; with or without cause.

Search Idaho Statutes 18-7301. Freedom from discrimination constitutes a civil right. The right to be free from discrimination because of race, creed, color, sex, or national origin is recognized as and declared to be a civil right.

Because a non-compete agreement is a contract, so long as it is a valid contract, it will be enforceable under existing Idaho law. But the laws in Idaho are ever-changing and recently several statutes were enacted that dealt with non-compete agreements. These statutes are found at Idaho Code §§ 44-2701 et seq.

A key employee or key independent contractor may enter into a written agreement or covenant that protects the employer's legitimate business interests and prohibits the key employee or key independent contractor from engaging in employment or a line of business that is in direct competition with the employer's business ...

In order to enforce a restrictive covenant, an employer must demonstrate that the clause protects one of its legitimate business interests. Secondly, the employer must show that the clause is reasonable, and it only goes so far as is necessary protect a legitimate business interest of the employer.

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Idaho Employee Restrictive Covenants