Kentucky Sample Noncompetition and Nonsolicitation Agreement

State:
Multi-State
Control #:
US-C-9200
Format:
Word; 
Rich Text
Instant download

Description

This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
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FAQ

Non-competition refers to the practice of restricting an individual's ability to engage in business activities that compete with their former employer. This is often outlined in a non-compete clause within an agreement to protect a business's market position. For example, a Kentucky Sample Noncompetition and Nonsolicitation Agreement can clarify these restrictions.

The non-solicitation clause for consultants restricts them from enticing away clients or employees of the contracting business. This provision is crucial in maintaining business integrity and protecting sensitive information. A well-drafted Kentucky Sample Noncompetition and Nonsolicitation Agreement can effectively outline these terms.

The non-solicitation clause in a consulting agreement typically prohibits the consultant from soliciting the client’s employees or customers for a specified period after the contract ends. This clause protects the client’s interests and ensures a smooth transition. Utilizing a Kentucky Sample Noncompetition and Nonsolicitation Agreement helps clarify these terms for both parties.

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. The case was called Charles T. Creech, Inc. v.

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.

solicitation agreement is a contract, usually between an employer and an employee that governs the employee's right to solicit customers of the business after he or she leaves his or her employment.

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.

Kentucky does not have an across-the-board ban on non-compete agreements. The enforceability of any such contract depends entirely on its terms and the nature of the business. Kentucky courts have reviewed many such contracts and have established rules for their enforcement.

Moyes, the court determined that as a long as an employee non-solicitation agreement is lawful, reasonable and does not have a significant negative impact on trade/business, such agreement will be held valid and enforceable under California state law.

Since non-solicitation agreements are generally more specific than non-compete agreements, they are more readily enforced by courts. To be enforceable, non-solicitation agreements must abide by certain rules: Valid business reason.

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Kentucky Sample Noncompetition and Nonsolicitation Agreement