The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Nebraska Employee Confidentiality and Unfair Competition - Noncompetition - Agreement
State:
Multi-State
Control #:
US-00046
Format:
Word;
Rich Text
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FAQ
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.
Employers benefit from non-compete agreements because they keep a former employee from sharing industry experience, knowledge, trade secrets, client lists, potential clients, strategic plans, and other information that is confidential and proprietary to the employer with competitors.
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.
Stuck in A Non-Compete Agreement and Looking for a Way Out? Top 5 Ways to Get Out of your Agreement for GoodProve Breach of Contract by Your Employer.Prove Lack of Interest to Enforce.Contract is Unreasonably Long.What the Company Claims is Proprietary or Confidential is Widely Available.More items...?
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
No Nebraska court has held that continued at-will employment is also sufficient consideration to support the execution of a revised agreement (although I think there are strong arguments in support of that position).
While agreements that restrict employees from competing within a few miles of the employer's headquarters are often enforceable, agreements that prohibit an employee from competing anywhere in the world are often (though not always) unenforceable.
There are no statutory provisions defining the rules on non-competes in Nebraska. All of the law comes from court decisions. As a general rule, non-compete agreements will be upheld so long as they meet three requirements: The restriction must be reasonable in the sense that it is not injurious to the public.
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)
Nebraska is an All or Nothing state in that it will not will modify or blue pencil a non-compete agreement to make it enforceable. This means that if one provision of the non-compete is unenforceable, the entire agreement will be held unenforceable.
