Noncompetition and Nonsolicitation Agreements
Non-Competition, Non-Solicitation and Confidentiality Agreements
Most executives and employees are familiar with covenants not to compete, nonsolicitation and confidentiality and their broad reach and control. Obtaining an understanding of a non-compete agreement, and other restrictive agreements is critical and essential. These agreements can have an adverse impact on the executive’s and employee’s ability to earn a living post-employment with the previous employer. Failure to obtain a clear and concise understanding of these restrictive agreements can result in an extreme financial hardship, i.e. preemption of a lucrative employment contract or employment following the departure from the previous employer.
Not all employers enforce restrictive covenant agreements. There are several reasons, first, it is too costly enforce. But when company revenue hangs in the balance, these covenants have been used to prevent further economic damage.
Why Sign a Restrictive Covenant Agreement?
Restrictive covenant agreements generally provide that the employee cannot solicit, acquire for individual use any confidential company information for a period of years (1 to 3 years being enforced as reasonable), within a specific geographic scope and without restricting an ex-employee’s ability to earn a living. It is the later element that usually sways the balance of equity in these cases. Special attention must given to the state laws in the jurisdiction of the agreements. Some states are more flexible in their approach to enforcing these restrictive covenants. Other states take a conservative approach that is more protective of business interests. In a few states like California, state statute prohibit the use of restrictive agreements as a matter of public policy. In any case, courts must balance the equitable and pecuniary interests of both parties.
Contact an Employment Attorney Today
If your new employer is requiring you sign a non-compete, non-solicitation or confidentiality agreement, contact our employment lawyers today at (203) 255-4150 to review your agreement and make recommendations. Carey & Associates, P.C. helps employees located in Connecticut, New York, Manhattan and nationwide with restrictive covenant agreements and many other facets of employment law. Schedule your complimentary consultation today!