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The agreement is unenforceable because it restricts competition in an unreasonably large territory. Many Non-Competes are unenforceable because they restrict competition across too broad of a territory. Non-Competes usually describe a restricted area in which the employee cannot compete.
How do I get around a non-compete agreement?Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...
Typical Criteria Found in Non-Solicitation ClausesThese clauses are enforceable in Kansas as long as they meet certain criteria discussed later. A non-solicitation of clients clause prohibits a former employee of a company to bring over clients from a former employer to a current employer.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
When employers obtain Non-Competes with long-standing employees without providing anything of value in return, they are obtaining an unenforceable agreement. In many cases, the business is in a worse predicament than not having a Non-Compete, since it is relying on an agreement that is not legally 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.
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.
Both Kansas and Missouri allow courts to modify the unreasonable parts of non-compete agreements. This is called the blue-pencil rule.
Stuck in A Non-Compete Agreement and Looking for a Way Out? Top 5 Ways to Get Out of your Agreement for GoodProve Breach of Contract by Your Employer.Prove Lack of Interest to Enforce.Contract is Unreasonably Long.What the Company Claims is Proprietary or Confidential is Widely Available.More items...?