This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.
Wyoming Post-Employment Restrictions on Competition
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Multi-State
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US-TS8041
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How to fill out Post-Employment Restrictions On Competition?
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FAQ
Technically, the ?blue pencil? rule refers to option (b) ? i.e., just striking out the unenforceable terms ? but option (c) also is commonly referred to as ?blue penciling? the agreement. Wyoming courts used to be willing to modify overbroad restrictions and partially enforce them in modified form.
If you haven't signed a non-compete contract, then your employer cannot stop you from working for a competitor. If you have previously signed a non-compete contract, consider contacting an employment lawyer to help you understand the terms of the contract and how it can affect your employment options.
Make sure you have a firm job offer with the competition before giving notice and resigning from your current employer. If the job offer is tentative or hasn't been formalized, you run the risk of quitting one job without having another one officially lined up.
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
A person who makes an agreement with an employer, whether in writing or verbally, not to compete with the employer after the employment relationship has been terminated, shall be permitted to engage in the same business as that conducted by the former employer or in a similar business as that conducted by the former ...
Look into the company's policy Some companies may have a policy where they only rehire former employees who left on good terms. If your previous employer has a no-hire policy, perhaps you work via a loophole.
However, in those situations where the non-compete was properly drafted and implemented, a court could award damages against you for any actual losses suffered by your employer, or in rare cases, a court will order that you are prevented from working for the competitor for the duration of the clause.
