This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Maryland Complaint for Injunctive Relief and Damages for Breach of Noncompetition Agreement - Breach of Contract - Violation of Trade Secrets Act
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US-000302
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How to fill out Complaint For Injunctive Relief And Damages For Breach Of Noncompetition Agreement - Breach Of Contract - Violation Of Trade Secrets Act?
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FAQ
To be enforceable, the restrictive covenant must define reasonable limits, either ing to a period of time, geographical area, or type of work. In some states, such as California, there are specific laws that make non-solicitation agreements unenforceable unless they are introduced to protect trade secrets.
For example, covenants that impose racial or religious restrictions after the sale of a property are unenforceable. Shelley v. Kraemer, 334 U.S. 1 (1948).
Continued employment by the employer is sufficient to satisfy the adequate consideration requirement. This means that if you are already employed by the employer, the employer does not have to give you a bonus or a promotion in exchange for you executing the non-compete agreement that they presented to you.
Non-Solicitation Limit ? No statute, but to be enforceable, the duration of a non-solicitation agreement must be ?reasonable? as determined by the court.
The general rule in Maryland, as in most jurisdictions, is that ?restrictive covenants in a contract of employment, by which an employee as a part of his agreement undertakes not to engage in a competing business or vocation with that of his employer on leaving the employment, will be sustained 'if the restraint is ...
For a restrictive covenant to be enforceable, it must protect a legitimate business interest of the employer, which is determined by reference to the nature of the employer's business and the employee's position and duties within that business.
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.