Non-compete agreements exist as a way to protect an employer’s confidential information and curb unfair competition.
On the surface, they seem to be valuable documents, but there are actually quite a few issues that all employees and employers should consider.
A few things to keep in mind:
- Non-compete agreements should include considerations. An employee should get something of value in return for signing the agreement. This isn’t just a good-faith situation. Should litigation occur, the employer must prove that they gave the employee something of value in return for signing the agreement. If they didn’t include that, then the agreement will likely be found void by the court.
- Sometimes, non-compete agreements just aren’t realistic. Maybe the restrictions cover an extremely broad geographic area or the terms are much too complex and its restrictions last too long.
- Don’t assume that a non-compete covers any and all issues surrounding confidential information or even all the terms that should be included in the best interest of the business or the employer.
With that said, it’s hard to say if you should or should not sign the non-compete agreement. You should have an experienced contract attorney take a look at the document.
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