Violating A Non Compete Agreement
By : Nicole -
In general, If you violate a valid and applicable non-competition agreement under state law, it is likely that the employer (a party to the non-compete agreement) will bring either an action for financial damages against you for actual losses suffered by your employer, or an action against you who want to enforce the non-competition agreement by obtaining an injunction against you – it is an injunction from a court ordering you not to non-competition. In addition, the employer can also take legal action against you in both the case of criminal damages and in a referral. However, in rare cases, a court will order that you be prevented from working for a competitor for the duration of the clause. CONSULT AN ATTORNEY Non-competition prohibitions vary considerably from state to state and our legal system attaches great importance to a person`s right to earn a living. Given that the judicial climate is somewhat weighted in relation to a business or business, it is particularly important that a competent lawyer develop a non-competition agreement that is informed by the relevant regional laws. Whether a CPA wants to protect its own business, work in the industry or advise a client company, the following advice applies: if a non-competition agreement is too broad, can the courts amend it to make it enforceable? Here, too, state law is different. In many states, if the courts find that a competition agreement is excessive, the judge is entitled to “blue pencil” (treat) the agreement; in some states, it may even expand its scope. Other courts apply certain provisions, but eliminate those they deem inappropriate. However, in Arizona, Georgia, Nebraska, Vermont, Virginia and Wisconsin, a non-compete clause is either reasonable and totally applicable, or unacceptable and therefore totally unenforceable.
IN NOMBREUX PAYS, THE JUSTICE COURT IS AUTORISED to deal with a non-competition agreement, which it deems too broad, on a reasonable scope. These blue pencils are almost always in the company`s interest. Finally, a non-competition clause, like any treaty, applies only if you get something in exchange for the signature and you have not been coerced. If one of these challenges has an advantage in non-competition, a court should not enforce its conditions. 3. Is it legal to refuse me a job simply because I refuse to sign a non-compete agreement? On the other hand, the employer can take legal action to obtain what is called an “injunction” or injunction to prevent you from violating your contract.