My bf is being laid off at the end of January 2008. The company has offered to pay him extra severence $$ if he will sign a non-compete agreement on January 31 (on his official termination date). My question is, is that even legal? sounds fishy to me. We will plan to contact our attorney, but thought I would ask to see if someone might know.
2007-12-06 14:25:55 · 5 answers · asked by rhokii 1 in Politics & Government ➔ Law & Ethics
He has not seen the agreement yet. It will probably come tomorrow with the rest of the package. He is inclined not to sign it. They are only offering him 3 additional weeks of pay for sigining it.
2007-12-06 14:37:23 · update #1
They're perfectly legal and the non-compete agreement will typically last for 1 year (that's pretty common) so that when your bf leaves, he doesn't steal any of his current company's clients when he goes to a new employer or use knowledge of his current company's business against them and to the advantage of their competitors. If he's not in the same business, he won't steal the clients or use inside info against them. Read it carefully though, you don't want to sign something that's too restrictive, especially if its only worth 3 weeks extra pay.
2007-12-06 14:54:18 · answer #1 · answered by ajsnskool 5 · 0⤊ 0⤋
The enforceability of those clauses varies wildly from state to state. it is everywhere from thoroughly unenforceable, to enforceable "if existence like." The states that uphold those agreements will achieve this provided that the regulations are "existence like" in geographic scope and time. So, a restrict against working for the different corporation that performs audits may well be unreasonable, and unenforceable. A restrict against working for such companies interior a 50 mile radius may well be existence like and enforceable. remember that those words are uncomplicated contract words. Violating a non-compete clause is a breach of contract, meaning the aggrieved social gathering ought to bypass to court docket and prepare breach, and unquestionably damages. Many agencies can not prepare the "damages" ingredient, and different agencies don't have the components to hire an lawyer for those circumstances, maximum of circumstances non-compete agreements are actually not even enforced. one ingredient i've got heard in passing is that some agencies will refuse to hire a individual if that individual signed a non-compete contract with a former company. i'm not sure why it is, yet my guess is they're afraid they may well be sued for interference with a freelance or some thing like that. So, in case you intend to seek for employment interior the destiny, you may ought to leave your contemporary company off of destiny activity applications so as that ability employers do no longer improve into conscious of your non-compete contract.
2016-10-01 01:26:38 · answer #2 · answered by beisch 4 · 0⤊ 0⤋
Common non-compete agreements last for 18 months. That is the longest period I have heard of. It is very common in highly competitive businesses. Having an attorney look it over is good sense.
2007-12-06 14:56:15 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
Yes, it is legal, and very common in this age of "intellectual property". All it means is that your boyfriend will not work for any company that is in the same business for a specified period of time. I would contact a lawyer anyway, just to have him/her read the document before signing, to make sure there are no problems.
2007-12-06 14:30:06 · answer #4 · answered by kuntryguyy 4 · 1⤊ 0⤋
How long is this non-compete agreement? I definitely wouldn't sign it if it was a life long agreement!
2007-12-06 14:33:13 · answer #5 · answered by jaime 3 · 0⤊ 0⤋