Fairfield Non-Competition Agreements Lawyer
Non-compete agreements, or non-competition agreements, are agreements that can exist between employees and employers that limit the ability for the employee to leave the employer’s company and perform similar work elsewhere. Connecticut does not have any existing statutory law concerning non-competition agreements in general, although newly proposed legislation that is pending in the Connecticut legislature (Bill 5249) could change that.
Non-competition agreements are one form of restrictive covenants that can limit what an employee can do after leaving a job. Whether you are in the job application process and have been offered a position that requires you to sign a non-competition agreement, or you have concerns about an existing non-competition agreement at your place of employment, our Fairfield non-competition agreement lawyers can speak with you today.
Understanding Non-Competition Agreements in Fairfield
A non-competition agreement is a type of contract between an employer and an employee. You might hear of these agreements described as clauses in an employment contract (i.e., a non-competition clause, or a non-compete clause). All of these terms refer to an agreement between the employer and the employee that limits the employee’s future work in the geographic region and in the same or similar area of business for a particular period of time. The idea is that the employer is protected from a situation in which the employee gains knowledge about the industry and then leaves the business to work for a competitor, and the employee gets some kind of consideration in return for signing the non-competition agreement.
While Connecticut does not have any broad non-competition agreement statutes, it does have specific laws concerning non-competition agreements in certain professions. For example, Connecticut statutes limit the applicability of non-compete clauses for physicians, security guards, and for employees in the broadcast industry. These laws govern non-competition agreements in these professions, limiting the enforceability of non-compete clauses for these types of employees.
When Non-Competition Agreements Are Enforceable in Fairfield
Connecticut courts have determined when general non-competition agreements can be enforceable. If there is no specific statute governing the enforceability of a non-compete clause in a particular profession or industry, then courts require the terms of the agreement to be reasonable. Based on existing case law, the following are the five factors that courts consider when determining whether a non-compete clause or another restrictive covenant is reasonable, meaning that it should be enforced:
- The length of time the restriction is in effect;
- The geographical scope of the restriction;
- The fairness of the protection afforded the employer;
- The extent of the restraint on the employee’s ability to pursue his occupation; and
- The extent of any interference with the public interest.
Seek Advice from a Fairfield Non-Competition Agreement Attorney
A Fairfield non-competition agreement lawyer can always assist you with questions and concerns about non-compete clauses in proposed employment contracts or existing employment agreements. You should always have an attorney evaluate any employment contract before you sign. Yet even if you have already signed a non-competition clause and are considering the possibility of finding a new job, you may not be bound by the non-compete agreement you have signed if it is unreasonable. Do not hesitate to get in touch with our firm to learn more. Contact Carey & Associates, P.C. online today or call us at (203) 255-4150.
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