Would a good no-compete clause---

Would a good no-compete clause Hold UP?
Yes and No. Once it goes to court anything is can happen.
The question is, do you have the funds to pay a lawer to fight it for as long as it takes. Is it worth the fight.

I think for a small business it's more a scare tactic.

my 2 cents
 
Spend the extra money and have a real good lawyer (not just someone you know, someone that specializes in this)write a real good non-compete (and any other contracts for that matter). It is money well spent and will be upheld in court.
 
yes...no..scare tactic as Scott said.....it depends.


did I walk off the job or did you fire me...........is the government,county going to feed me or are they going let me make a living..are you going to pay me to set home as your not wanting me to make a living......it depends,I know one thing its good for,tul'it paper
 
Scott said it well. Employment agreements ('non-compete') are often unenforceable, subject to exceptions for sale of a business; protection of trade secrets; and management personnel. Apart from exceptions and restrictions we have learned they can be declared void in my state. Even the exceptions must be reasonable in geographic scope and in time in order to be enforceable. 'Trade secrets' might include superior knowledge in respect to a clientele list - for which one can expect a non-compete agreement to be enforced. If such a list has been disclosed publicly I would not then have much concern about the 'trade secret' or proprietary nature of this info.

Often overlooked is the caution you must use when you hire an employee. If that employee were to use trade secrets for your advantage you yourself could then be subject to liability.

Richard
 
You must log in or register to reply here.
Back
Top