Finally, do not underestimate the fact that, unlike other areas of the law, non-competition prohibitions remain largely creatures of justice and therefore judges generally have considerable discretion in designing a « fair » means, regardless of their point of view. Some judges may simply think, for many reasons, that it would be unfair to impose non-competition prohibitions in the current circumstances. So you should explore your potential pool of judges and choose your location carefully. A non-competition agreement is a contract between the employee and the employer. A non-compete clause prohibits a worker from committing a business that competes with the activities of his current employer. While an employer cannot ask you to sign a non-compete clause, they may or may not hire them if you refuse to sign. Courts generally do not approve non-competition agreements. In the case of non-competition disputes, the courts consider certain factors to determine whether the agreement is appropriate. If you are negotiating a non-compete agreement, you should consider limiting the agreement to what is necessary to protect the employer and seeking severance pay in the event of termination. To learn more about the impact a non-compete agreement could have on you, see below. If you get a new job, your employer may be required to sign a non-compete agreement. This limits your job opportunities after you leave.
If you`re fired, your deal could still limit what you can do. The type of agreement you sign determines if it is valid if you are triggered. The fact that the employee was dismissed does not mean, from a technical point of view, that the employer is not in a position to enforce the rules of non-competition. In practice, however, this can complicate an employer`s task. Legally not, but it may tell you that the employer does not consider the cost and risk of trying to enforce the agreement. It may also be that the employer decided that the agreement was probably not applicable anyway. It is not a guarantee that the employer will not try to impose it in your case, unfortunately. Before you deliberately choose to violate a non-compete agreement to which you are subject, contact a lawyer who can reach the agreement with you and help you evaluate an appropriate procedure.