A non-compete clause or covenant not to compete(CNC), is a term used in contractunder which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer).
Often, a non-compete agreement is used to prevent an employee from quitting and going to work for a competitor. Usually, non-compete provisions are often 6 - 12 months long.
Whether a non-compete is valid and enforceable varies from state to state. For example, California rarely finds such agreements valid. My own state of Virginia will only enforce non-compete agreements which are reasonable in geographical scope and duration.
We write about the enforceability of non-competes in Virginia on our blog:
http://virginianoncompete.blogspot.com
can you compete if you have not signed a non compete agreement
Inquire to find out who needs a non compete agreement. There are many subjective areas that require these agreements, so there are many people who need them.
You can find non compete agreement templates at your local legal business service which may be provided by local lawyers in the area who are willing to help you do your business.
Certainly, happens all the time. If you sign a non-compete agreement, then comply with it.
If you did not sign a non-compete agreement when you were hired, then generally yes You should review the paperwork you originally signed when you were hired and consult with a lawyer if it does contain any type of non-compete agreement. If there was absolutely no non-compete agreement, you will generally be fine taking the clients.
The only requirement for a non-compete clause to be legal is for both parties to sign the agreement. It does not need to be notarized, nor are witnesses required.
Non-compete bond refers to a financial guarantee that a party agrees to pay to compensate another party for any potential financial losses incurred due to a breach of a non-compete agreement. This bond serves as a form of security to ensure that the party subject to the non-compete agreement upholds their obligations. If a breach occurs, the bond can be used to cover damages resulting from the breach.
The time limit depends on what has been agreed to in the non compete contract. You are best to seek legal advice from your local lawyer to see if you have any claim.
Since there exists various non-compete formats. You can create a non-compete agreement incorporating the requisites restraining the other party, basis your business requirements. Incase you need help to create one, please provide me the details pertaining to business requirement and i can create one draft for you which you can use as a standard document for executing non-compete agreements.
A non-compete clause , or covenant not to compete , is a term used in contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
The only "legal reason" is if that employee had signed an "non compete" agreement.
Non-compete agreements are difficult to enforce. If you don't steal customers, they have a hard time preventing you from earning a living. You should, of course, consult an attorney in your area that knows the laws in your state.