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Locking Up Employees with Non-Compete Agreements Photographer: John Bodkin By LARRY STUART and GLEN RIGBY Stuart PC C a company really keep its employees from going to work for a competitor? Can it
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How to fill out non-compete agreements - Stuart:

01
Understand the purpose: Familiarize yourself with the purpose of a non-compete agreement. It is a legal contract designed to restrict an individual from engaging in competitive activities that may harm their current employer or reveal sensitive business information.
02
Consult with legal counsel: It is highly recommended to consult with an attorney who specializes in employment law or contract law. They can help you understand the specific legal requirements and considerations relevant to your jurisdiction.
03
Identify the parties involved: Clearly state the names and contact information of the parties involved in the agreement. This typically includes the employee, employer, and potentially relevant subsidiaries or affiliates.
04
Define the scope: Clearly outline what activities are restricted by the non-compete agreement. Specify the time period and geographic area in which the employee is prohibited from competing with their current employer.
05
Consider compensation: Non-compete agreements often require compensation or benefits in exchange for the employee agreeing to abide by the restrictions. Determine what compensation or benefits will be offered in exchange for the employee's commitment.
06
Protect confidential information: Include clauses that explicitly state the employee's obligation to protect confidential information and trade secrets of the employer. Define what constitutes confidential information and how it should be handled.
07
Enforceability and severability clauses: Address enforceability issues by including a clause that states the non-compete agreement is reasonable and necessary to protect the employer's legitimate business interests. Include a severability clause, which ensures that if one part of the agreement is found to be unenforceable, the rest of the agreement remains valid.

Who needs non-compete agreements - Stuart?

01
Employers: Non-compete agreements are primarily used by employers to protect their business interests, trade secrets, and client relationships. Employers consider these agreements essential in industries where employees have access to sensitive information and have the potential to join competitors.
02
High-level employees: Executives, managers, and employees in positions of trust or those who have access to valuable intellectual property are often required to sign non-compete agreements. This helps prevent them from leveraging their knowledge or connections for the benefit of a competitor.
03
Sales and marketing professionals: Salespeople and marketing professionals who have built substantial relationships with clients or have access to confidential customer lists may also be required to sign non-compete agreements. This protects the employer's customer base and ensures client retention.
04
Employees with access to trade secrets: Individuals who have access to proprietary information, trade secrets, or confidential business strategies may be required to sign non-compete agreements. This helps protect the employer's competitive advantage and prevents employees from taking that knowledge to a competitor.
05
Startups and businesses seeking investors: Startups and businesses looking for investors may be required to have their key employees sign non-compete agreements. Investors often view these agreements as a way to safeguard their investment and prevent essential personnel from leaving and joining competitors.
Remember, it is important to consult with a legal professional to understand the specific laws and regulations regarding non-compete agreements in your jurisdiction.
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Non-compete agreements are legal contracts between an employer and an employee that restrict the employee from engaging in competing activities after leaving the company.
Both employers and employees are required to file non-compete agreements.
Non-compete agreements can be filled out by including specific terms and conditions related to the restriction on competing activities.
The purpose of non-compete agreements is to protect the employer's business interests and confidential information.
Non-compete agreements must include details about the restricted activities, duration of the restriction, and any compensation offered to the employee.
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