South Dakota Sample Noncompete Clauses

State:
Multi-State
Control #:
US-AHI-051
Format:
Word
Instant download

Description

These AHI forms are sample non-compete clauses. They are used to ensure that an employee, upon termination/expiration will not disclose or go into direct competition with the company they were formerly employed with. These clauses expire after a period of time.

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FAQ

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.

Under South Dakota law, a non-compete restriction cannot exceed two years from termination of the employment (SDCL 53-9-11). South Dakota courts strictly enforce this rule (see Cent.

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.

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.

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.

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.

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-competes restrict where and when you can work after leaving your current job. Such agreements prohibit an employee from working for a competitor or from starting her own competing business within a geographical area for a certain period of time after leaving her job usually between six months and two years.

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South Dakota Sample Noncompete Clauses