What happens if you lose a non-compete?

In general, if you violate a non-compete agreement that is valid and enforceable under state law, it is likely that the employer (a party to the non-compete agreement) will file either a lawsuit for money damages against you for any actual losses suffered by your employer, or a lawsuit against you seeking to enforce …

Can a non compete agreement be eliminated by an employer?

An employee with the time, will, and resources to fight can frequently limit or eliminate their non-compete provisions.

Can a fired employee sign a non-compete agreement in Florida?

Many employees think that, just because an employer forced them to sign the agreement or be fired, that they are not bound by a non-compete agreement. That’s just not true. Continued employment is valid consideration for a non-compete agreement in Florida. Florida statutes presume that non-compete agreements are valid.

How often should you review a non-compete agreement?

If you want employees to be bound by non-compete agreements, the best course of action is to have an attorney prepare them, and to have them reviewed at least once a year for any changes necessary. An unenforceable non-compete is worse than useless – it is dangerous to the employer who tries to enforce it.

Can you work for a competitor if you are fired?

If you voluntarily leave or if you are fired, you still cannot go and work for a competitor, as a general rule. The employer still has trade secrets that he does not want to let go to a competitor. When employees are fired, they may be angry and more likely to give up trade secrets.

What is the purpose of a non compete?

Generally, the purpose of a non-compete clause is to prevent an employee from competing with the employer in a certain region for a specified period of time. The policy rationale is that the employee should not be able to exploit the employer’s proprietary information for personal gain.

What is a typical non compete period?

The period for non-competition is typically six months to two years. A recent Illinois state case demonstrates how a court can consider whether or not a two year non-competition period is reasonable when the employee worked for the employer for only three months before resigning.

Do non competes hold up?

In general, non-competes hold up if the candidate received something (called a “consideration”) for signing the document. If the contract was done as an afterthought, years after the employee signed it and the signature was a condition of employment, the contract might be void.

Are non compete clauses legal?

Non-compete clauses in Virginia are legally enforceable if the business can show that the restriction is reasonable, prove that it does not violate Virginia’s public policy, and show that it does not overly restrict an employee from making money or finding a job in the future.