Who would sign such an agreement? Jack is no different from many people burdened with a non-compete clause after leaving a job. In fact, most companies have no difficulty getting their employees to sign these agreements. This often happens at the time when the exit from the company is furthest from an employee`s mind, for example.B. during the recruitment phase or as part of an annual audit, when the employee receives a salary increase. In most states, the answer is yes. Most States offer a mechanism for testing the applicability of a treaty. This mechanism is called a finding judgment. Depending on the availability of this remedy in your state and the tactics involved in each individual situation, it may make sense for the employee to file a declaratory action asking the court to determine whether the agreement is enforceable. There are many practical and tactical considerations for deciding whether you, as an employee, should bring a declaratory action to challenge an obligation not to participate in a contest.
There is no single answer to this problem. In New York, the courts do not apply non-competition clauses and apply them only when necessary. Here are the main factors that the courts consider: And an employer who tries to enforce a non-compete clause and fails ends up paying the dominant employee`s attorney`s fees and fees, and sometimes pays monetary damages to the employee for unauthorized interference in an employment relationship if it costs the employee a job. There are at least eight different points where you can challenge a non-competition clause with a high potential for waiver or agreement that it will not be enforced by the employer. Legally, no, but it may give you an indication that the employer does not see the cost and risk of trying to enforce the agreement as valid. It may also be that the employer has decided that the agreement is likely to be unenforceable anyway. Unfortunately, this is not a guarantee that the employer will not try to impose it in your case. Before you deliberately decide to violate a non-compete clause to which you are subject, speak to a lawyer who can come to the top of the agreement with you and help you evaluate an appropriate approach. Most companies are not able to respond to the examination of legitimate interests, which makes non-competition inapplicable. If you don`t have detailed knowledge of your company`s trade secrets, your non-compete clause is probably unenforceable. Is there another way to determine whether the agreement is applicable? Sometimes. Here too, depending on the facts of each case, the employees managed to assert rights for „unlawful interference in commercial relations“.
This legal right applies to cases where an employer has cost the employee a job because it has attempted to enforce a non-compete obligation that is not legally enforceable. Sometimes, these claims for „unauthorized interference“ can result in the employee being awarded significant damages for the employer`s excessive efforts to prevent him or her from finding alternative employment. If you choose to leave an employer with whom you have committed not to compete, the employer may do nothing. In this case, be sure to make some sort of agreement with the employer so you can do what you want. Also make sure that the employer releases you from your non-competition clause with a signed document. .