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What Options Are Available To Enforce A Non-Compete In Indiana? Any employer can require a new employee to sign a non-compete agreement as a stipulation of employment. The employee has the right to negotiate the terms of the agreement, but in the end, the employer can deny employment if the new hire declines to sign.
Generally, Indiana courts don't look favorably on non-compete contracts. The employer has the burden of proof, meaning they must show the court that the agreement is enforceable. The court may find a contract to be completely void or may hold both parties to a modified version.
In conclusion, covenants not to compete and non-solicitation clauses are enforceable, but must be carefully drafted and must make sense relative to the individual employee or competitor. One size does not fit all.
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.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
Duration: Durations of three to five years are common amongst non-compete agreements. However, the more specialized the role and specific the knowledge, the longer a non-compete agreement may be enforceable.
Ultimately, in order for a non-compete agreement to be enforceable under Indiana law, it must be, above all, reasonable. When proving reasonableness, an employer must be able to prove two elements, which include: The employer has a legitimate interest to be protected by the agreement.