Noncompetition Agreement between Employer and Employee with Regard to Disc Jockey Business
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A Disc Jockey Business involves music programming, event planning, providing a masters of ceremonies, as well as securing lighting technicians, audio technicians, and coordinators of every event.
Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
When a restriction of competition is invalid because it is too long or covers too great a geographical area, Courts will generally do one of two things. Some Courts will trim the restrictive covenant down to a period of time or geographical area that the Court deems reasonable. Other Courts refuse to enforce the restrictive covenant at all and declare it void.
There is a split of authority as to whether continued employment alone is sufficient consideration for a covenant not to compete that is entered into after the beginning of employment.
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