Kentucky Noncompete Letter to Departing Employee
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How to fill out Noncompete Letter To Departing Employee?
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FAQ
Non-competes remain legal, valid and enforceable in Kentucky if they meet certain requirements. With no Kentucky statute on point, judges have established rules through state common law in court opinions.
If the reason for your termination is employer misconduct - discrimination, illegal activity by the employer or similar misconduct - then most courts have held that a non-compete is no longer enforceable.
In most cases, the non-compete clause still holds even if you are fired or laid off. However, you may be able to request that your former employer waive the clause. In such circumstances, employers are sometimes more open to waiving the clause.
Duration: Noncompete restrictions typically last anywhere from six months to two years after the employment relationship ends. The total duration, however, might be shorter or longer depending on any employer's unique needs or interests.
Existing employment relationship with no new consideration In 2014, the Kentucky Supreme Court made it clear that when an employer seeks to impose a non-compete agreement on an existing employee without granting additional consideration, the agreement is not enforceable.
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.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
Non-competes remain legal, valid and enforceable in Kentucky if they meet certain requirements. With no Kentucky statute on point, judges have established rules through state common law in court opinions.
If the clause is enforceable and you're in breach, there are various sanctions that your ex-employer can seek. These include: An injunction: This would stop you from carrying out your new role and you may also face payment of the other party's legal costs.
