Before signing a non-competition clause, remember to take some time to pass it first. No employer can force you to sign the agreement before you can view all the terms and conditions of sale. Take a day or two to understand all the effects of the non-competition clause. You should present the specific business interests you are trying to protect in the employee`s agreement. If your company requires any employee to have competition bans, you are only creating false hopes of enforcement and creating a situation in which your company looks ridiculous before a judge. Instead, in the event of non-competition, focus on the smallest group of people needed to adequately protect the company and refocus agreements on their specific role. In this way, one of your arguments in court will be your reluctance and selectivity in the non-compete requirement, which will make your case stronger if you try to impose one. If there are competition concerns, the best practice is for employees to sign a non-compete clause at the beginning of the relationship, either as a stand-alone agreement or as part of the employment contract. The agreement can be reviewed, supplemented and modified when the employee changes roles, is promoted, etc.
But again, be careful. An oral extension of a non-competition agreement may be required under the Fraud Statute if it cannot be complied with within a year. Ensure that any extension or revision of the agreement is in writing and signed by both parties. If you want to protect your company`s proprietary information while limiting potential direct competition, a non-compete clause can help. Our prohibitions on competition are easy to establish with our documentary interview. If you are looking for a confidentiality agreement (NDA) for the liberal professions or contract workers, we also offer them. It`s also a good practice to remind your employees of their agreement, not to compete. For example, it may be advisable that some employees check and initialize the agreement annually. Another possibility is to incorporate a review and recognition of the agreement into the withdrawal negotiations. This practice not only reminds the worker of his obligations, but also repeats to the worker the seriousness of the agreement with the employer. If your business is in a state that supports non-compete rules, they can be a useful tool to protect your business.
Often, employers include one in recruitment documents. They can also be used to prevent business partners or customers from competing directly with your business or sharing proprietary information….