Nebraska Sample Letter for Violation of Noncompetition Agreement
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How to fill out Sample Letter For Violation Of Noncompetition Agreement?
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Nebraska courts will, however, enforce a non-solicitation restriction if certain criteria is satisfied (Nebraska courts may also enforce a non-compete but only in the sale of a business context).
Another way to defeat a non-compete contract is to show that your employer has behaved illegally or unethically towards their clients. In general, an employer will not want these matters raised in a court case, so they may void your non-compete agreement if you have proof of these behaviors.
Four states?California, Minnesota, North Dakota and Oklahoma?have banned noncompete agreements entirely, and many other states have enacted restrictions, such as setting a compensation threshold or requiring advance notice.
Nebraska is an ?Employment at Will? state. That means that the employer and the employee have equal rights to terminate employment at any time for any reason as long as no other law is being violated (i.e. Workers' Compensation, FMLA, EEOC, etc.)
43 Unlike in many states, Nebraska courts will not reform or ?blue pencil? a restrictive covenant on the grounds that ?[i]t is not the function of the courts to reform unreason- able covenants not to compete solely for the purpose of making them legally enforceable.?44 In other words, a Nebraska court ?must either ...