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Russell Beck: So there is no federal law on noncompetes; every state has its own noncompete law. Some states, like California, don't enforce noncompetes at all; they favor employee mobility over the protection of former employer's information.
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.
Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.
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).
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)
Non-competition clause examples include: Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach.
Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.
compete agreement is a legal agreement or clause in a contract specifying that an employee must not enter into competition with an employer after the employment period is over.
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.
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.