Nevada Key Employee Nondisclosure and Noncompetition Agreement

State:
Multi-State
Control #:
US-KWP-0038
Format:
Word; 
Rich Text
Instant download

Description

This form is a Key Employee Non-Disclosure and Non-Competition Agreement. The form provides that this is an employment at will and the employee has the right to terminate his/her employment at any time. The employee also agrees to keep all information obtained as a result of his/her employment confidential. The employee will not interfere with the employer's business in any manner, including, encouraging anyone to leave the employer's company or by encouraging a consultant to sever the relationship with the employer.
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FAQ

California - Non-compete clauses are not enforceable under California law. However, LegalNature's non-compete agreement may still be used to prohibit the employee from soliciting customers and other employees away from the employer.

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.

If an employer attempts to enforce a non-competition agreement in court and the judge decides that the agreement does not meet those four requirements, then the agreement is void and unenforceable.

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.

Restrictive covenants cannot be ignored. Someone may have told you that employers never enforce them. That is a common misconception. On the contrary, the courts regularly enforce restrictive covenants in employment contracts.

- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship. When a non-compete agreement is ancillary to the sale of a business, it is enforceable if reasonable in time, geographic area, and scope of activity.

Non-disclosure agreements (NDAs) and non-compete agreements, also called a non-competition agreement or covenant not to compete, have distinct purposes. Both documents, however, are restrictive covenants that limit what an employee can say or do, and (often) where they can and cannot work.

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)

The Nevada Supreme Court recently confirmed that non-competition agreements that specifically provide for a court to blue-pencil unreasonable restrictions are enforceable.

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Nevada Key Employee Nondisclosure and Noncompetition Agreement