Byline Free Non-Compete Agreement

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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.

How do I write a non compete agreement?

Study your competition. Write up the agreement. Have your agreement reviewed by a legal professional. Present the non-compete contract to your employee. If everyone is satisfied, sign and date the agreement.

Are you subject to a non compete agreement yes or no?

The majority of U.S. states recognize and enforce various forms of non-compete agreements. A few states, such as California, Montana, North Dakota, and Oklahoma, totally ban non-compete agreements for employees, or prohibit all non-compete agreements except in limited circumstances.

What happens if you violate a non compete?

However, in those situations where the non-compete was properly drafted and implemented, a court could award damages against you for any actual losses suffered by your employer, or in rare cases, a court will order that you are prevented from working for the competitor for the duration of the clause.

How do you get around a non compete?

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.

What is the purpose of a non compete agreement?

The purpose of a non-compete agreement is to discourage and/or prevent an employee from leaving a position with an employer and taking a new position with a competitor in which he or she can utilize any valuable information gleaned while working the previous job.

Why have a non compete agreement?

A non-compete agreement is a contract between an employee and an employer in which the employee agrees not to enter into competition with the employer during or after employment. These legal contracts prevent employees from entering into markets or professions considered to be in direct competition with the employer.

What voids a noncompete agreement?

Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

Can you be fired for not signing a non compete agreement?

A non-compete agreement is a contract between an employee and employer. While an employer cannot require you to sign a non-compete, they may terminate, or choose not to hire you if you refuse to sign. Courts generally do not approve of non-compete agreements.

Can independent contractors have a non compete?

Generally speaking, if a person or entity truly is an independent contractor, a non-compete clause or agreement will not be enforceable against him/her/it. But an independent contractor is in business for themselves and the services/products it provides you are its business.

Are non competes enforceable across state lines?

As a practical matter this means that in all but a very few and unusual types of situations, noncompete agreements are not enforceable in California.

Are you subject to a non competition?

A noncompete agreement prohibits a former employee from working in a business that directly competes with the former employer. Courts will usually enforce noncompete and nonsolicitation agreements as long as there are reasonable time and geographical limitations on them.

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