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Non-compete agreement (NCA)

After you leave your current job, the terms of this agreement prohibit you from working for a certain amount of time and within a particular geographic area for firms that are in direct competition with your previous employer in the same line of work or industry.

These agreements may also be called a "covenant not to compete" or a "restrictive covenant." Non-competes ensure the employee will not use information learned during employment to start a business and compete with the employer once work is over.

Section 27 of the Indian Contract Act-1872 Non-compete clause is prohibited under the Law of Contracts. Section 27 of the Contract Act provides ? 'Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void'.

California law bars covenants not to compete in nearly all circumstances. In Edwards v. Arthur Anderson, the California Supreme Court determined that the law should be read strictly, and not only void the ?unreasonable? noncompete clause, but all noncompete clauses other than those explicitly allowed in the code.

The Employee specifically agrees that for a period of _____ [months/years] after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for ...

How can you avoid signing a non-compete agreement altogether? Explain your concerns, such as the fear of being unemployable in your field in the event of unforeseen layoffs, to the hiring manager. Ask for an explanation of the company's interests in having you sign a non-compete agreement.

When should you use each? A non-compete agreement is only used between an employee and a business to specify who may hire them should they leave the company. An NDA is much broader and is used to protect any personal or business-related information that one or both parties want to remain confidential.