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A traditional non-compete stops an employee from working for a competitor in a certain geographical area for a certain amount of time after leaving the company. A non-solicitation agreement prevents an employee from poaching customers, contracts or other employees from the company that first hired them.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Executive agree as follows:Employment; Duties and Responsibilities.Term.Board of Directors.Location.Base Salary.Incentive Compensation.Executive Benefits.Termination.More items...
5 Key Considerations When Negotiating an Executive Employment AgreementProtect the Company's Confidential Information and Property.Restrictive Covenants Are Important, But Should Not Overreach.Set Clear Grounds and Procedures for Termination of the Agreement.More items...?
An agreement for employees not to work for a competitor, not form a competing business, and to maintain confidentiality during employment. This agreement may or may not be enforceable depending on state law.
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.
An employment contract is a type of agreement formed between an employer and an employee that sets out the specific terms of their employment relationship, such as wages, responsibilities, and the length of employment.
An executive's employment agreement typically will set an effective date and state that the initial term of employment will be for a period of years subject to earlier termination under other provisions of the agreement.
- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
Important Terms to Include in Non-Compete AgreementsTime and Geographic Scope.Tolling of Non-Compete Period.Protectable Interests, Injunctive Relief, Attorneys' Fees, and Costs.Choice of Law and Forum Selection.Assignment.Material Job Changes.Right to Inform New Employer.