Utah Covenant Not to Compete for a Construction Business - Noncompetition

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Multi-State
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US-0398-WG
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Covenant Not to Compete for a Construction Business - Noncompetition
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FAQ

This law states that a non-compete agreement may be enforced if it is part of a reasonable severance agreement mutually and freely agreed upon at or after the time of termination. The non-compete agreement must also meet the common law requirements imposed by Utah courts in order to be enforceable.

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.

Conceptually, a covenant not to compete upon the sale of a business is not part of the purchase price but rather a separate agreement on the part of the seller to not compete with the new owner. Covenants not to compete are intangible assets amortized over 15 years (Sec. 197(d)).

This law states that a non-compete agreement may be enforced if it is part of a reasonable severance agreement mutually and freely agreed upon at or after the time of termination. The non-compete agreement must also meet the common law requirements imposed by Utah courts in order to be enforceable.

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.

Requires an employer seeking to enforce a non-compete agreement to pay all employee litigation costs / fees for unenforceable agreements. One-year limitation does not apply to reasonable severance agreements signed at or after the time of an employee's termination.

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.

Under current law, non-compete agreements in Utah must be no longer than one year, limited to a reasonable geographic area, and intended to protect only legitimate business interests of the employer.

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.

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Utah Covenant Not to Compete for a Construction Business - Noncompetition