Clark Nevada Covenant Not to Compete for a Construction Business - Noncompetition
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FAQ
A covenant not to compete, or non-competition clause, is a legal agreement preventing an individual from entering into competition with a former employer after leaving a job. This clause often covers a specific time frame and geographic area. It serves to protect businesses’ trade secrets and client relationships, being particularly relevant in the Clark Nevada Covenant Not to Compete for a Construction Business - Noncompetition scenario.
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.
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.
An enforceable covenant not to compete must be: (1) in writing; (2) made a part of the employment contract; (3) based on valuable consideration; (4) reasonable as to time and territory; and (5) designed to protect a legitimate business interest of the employer.
Non-Compete Agreements: What's Negotiable? Other key terms of a nondisclosure agreement may be open to negotiation, especially if the employer uses the same boilerplate language in every contract.
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.
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.
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.
Many Non-Competes are unenforceable because they restrict competition across too broad of a territory. Non-Competes usually describe a restricted area in which the employee cannot compete.
A covenant not to compete can be found in an employment contract or a sale of business contract. In an employment contract, a noncompete clause usually limits the employee's ability to use the resources from the current employer to benefit a future employer.
