- An employee who signs a non-compete agreement is prohibited from working for their previous employer’s rival during a predetermined non-compete period after leaving their position. These contracts, which are signed before starting a job, are designed to safeguard the employer’s interests and stop former workers from disclosing crucial trade secrets and insider knowledge. For more information on Non-compete lawyer, visit our website today.
If a non-compete agreement is a requirement of the position you are pursuing, you should take the time to carefully review it before you agree to it. Knowing the terms of the agreement up front might prevent problems later. Here are three things to think about:
1) Does the contract include a garden-leave clause? In the event that you are unable to obtain work during the non-compete term due to the agreement, a garden-leave clause mandates your previous company to pay your salary and benefits. While garden-leave rules protect you, non-compete agreements protect employers. If there isn’t one in the agreement, see if it can be added in or speak with a lawyer that focuses in contract law to assess your choices.
2) Does the agreement make fair demands of you? How long will you be required to abide by the employer’s non-compete clause? If you can’t find job due of the agreement, will you be comfortable with not working for that long? Is the agreement precise about the kinds of positions you won’t be able to accept, or is it broad and ambiguous? It may unduly restrict your possibilities for employment if an agreement simply states that you cannot perform any job identical to yours with a rival. Even if the job undoubtedly seems wonderful right now, circumstances might change, and you might find yourself seeking for work in the future. Check to see if the non-compete clause severely limits your ability to get employment in the future.
3) Is the non-compete agreement in accordance with the law? Non-compete agreements are governed by unique laws that vary from state to state. If something about a non-compete agreement doesn’t seem right to you, you might want to have a contract law expert analyse it. The agreement could not truly be enforceable in court. If so, you have three options: refuse to sign the contract knowing that it cannot be sustained in court; urge the employer to change the contract; or interpret the flawed contract as a warning that your possible employer may not be the best one to work for. You might decide with the aid of your lawyer.
An ethically constructed non-compete clause protects both the employer and the employee. However, poorly structured agreements often take advantage of the employee, making it more difficult for them to find work in their area in the future. A non-compete clause may be unfairly affecting you, therefore you should speak with an employment law attorney. They can assist you in requesting a declaratory judgement against your previous employer, which would dissolve the agreement and provide you the right to start tort claims for damages, if they determine that the agreement is irrational or goes against public policy. However, you may avoid future ambiguity and misery by making sure your agreement is acceptable up front. Want to know more about the best Employment Attorney in Tampa? Visit our website for more information.