Kentucky Sample Noncompete Clauses
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How to fill out Sample Noncompete Clauses?
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FAQ
Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)
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.
While non-compete agreements are valid and enforceable under Kentucky law, they are not allowed to place an undue burden on the employee.
In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.
Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.
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.
Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer's business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer's business.
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.
Non-competition clause examples include: Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach.
compete agreement is a legal agreement or clause in a contract specifying that an employee must not enter into competition with an employer after the employment period is over.
