This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
Utah Complaint for Injunction - Covenant not to compete
Category:
State:
Multi-State
Control #:
US-CMP-10058
Format:
Word;
Rich Text
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How to fill out Complaint For Injunction - Covenant Not To Compete?
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FAQ
For at-will employment relationships, the Utah Supreme Court found that continued employment or the promise of continued employment may be sufficient consideration to support a covenant not to compete (Sys. Concepts, 669 P. 2d at 426-427, 429).
Courts routinely refuse to enforce non-competition clauses where the geographic scope or timeframe is more than necessary, or where the prohibited activity includes activities that are not in fact ?competitive? with the employer, or goes beyond what the employee was doing, and what is reasonably required to protect the ...
Non-Compete Restrictions: Non-compete agreements typically restrict an employee from competing with an employer's business for a period of time in a specific geographical area. Utah courts require that non-compete restrictions be ?reasonably limited in time and geographic area? in order to be valid and enforceable.
There is typically no requirement for a witness to sign a non-compete agreement as long as both parties sign the document.
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.
In California, Montana, and North Dakota, the blue pencil rule is not applicable. In District of Columbia, Louisiana, Maryland, Hawaii, New Mexico, Rhode Island, South Dakota, and Utah, the approach to the blue pencil covenant is unclear.
Most non-compete agreements last between six months and two years, but rarely longer than that. It's important to remember that non-compete agreements cannot continue indefinitely. That limits the worker's employment options and gives employers an unfair advantage.
"Post-employment restrictive covenant," also known as a "covenant not to compete" or "noncompete agreement," means an agreement, written or oral, between an employer and employee under which the employee agrees that the employee, either alone or as an employee of another person, will not compete with the employer in ...