South Dakota Employment Agreement with Covenant Not to Compete

State:
Multi-State
Control #:
US-OG-207
Format:
Word; 
Rich Text
Instant download

Description

This form is used when an Employee agrees to be employed by an Employer, and the Employer agrees to employ the Employee, for the purpose of performance by and on behalf of the Employer as may be reasonably requested from time to time by the Employer. This agreement contains a covenant not to compete clause.

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  • Preview Employment Agreement with Covenant Not to Compete
  • Preview Employment Agreement with Covenant Not to Compete
  • Preview Employment Agreement with Covenant Not to Compete
  • Preview Employment Agreement with Covenant Not to Compete

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FAQ

In order to enforce a restrictive covenant, an employer must demonstrate that the clause protects one of its legitimate business interests. Secondly, the employer must show that the clause is reasonable, and it only goes so far as is necessary protect a legitimate business interest of the employer.

A covenant not to compete has three elements: (1) a limitation on the work that may be pursued by the employee, (2) a definite time, and (3) a definite geographical area. The time and geographical restrictions are usually straightforward; the limitation on work is a little more complex.

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The well-known general rule is that a covenant not to compete is only enforceable if its terms are reasonable and necessary to protect the legitimate business interests of the employer.

A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.

Courts consider several elements when determining the reasonableness of a covenant not to compete, including (1) the time and territory encompassed by the covenant, (2) the territory in which the employee worked, (3) the area in which the employer operated, (4) the nature of the business and (5) the nature of the

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

The well-known general rule is that a covenant not to compete is only enforceable if its terms are reasonable and necessary to protect the legitimate business interests of the employer.

A covenant not to compete will be deemed valid if it only restricts the employee's opportunity to compete while they remain employed with the employer requiring the covenant, but imposes no restrictions on the employee once they separate from the employment.

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South Dakota Employment Agreement with Covenant Not to Compete