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Publicado en Oct 8, 2021

Sign Non Compete Agreement

12. I had a non-compete clause in my job, but I was fired. Can you do it against me, even if they decided to fire me? It is important that courts often take into account these factors: geographical scope, duration, nature of obligations and reduced counterparties – one in relation to the other. For example, a broad geographic scope – say an entire state – may be more applicable if the duration of the restriction is short – say a month. On the other hand, a wide geographical area, coupled with a long period of prohibition, is more likely to be found unenforceable by a court. In looking at geographic scope, the courts look at the services provided by the employer. The court generally does not allow a non-competition clause preventing a worker from working in an area where the employer is not working. That is what matters. There may be claims that you can make against the new employer because they did not inform you in advance that this was a requirement. These rights vary from state to state and may depend on the applicability of the non-compete clause. In the Netherlands, prohibitions on competition (non-competing or competing) are allowed on issues such as switching to a new employer and the discourse of the old company`s customers.

Unreasonable clauses can be struck down by the courts. [12] Probably not. Most courts require you to accept the terms of a non-compete clause – for example.B. by reading and signing. It is usually not enough for the employer to simply tell you that they are there for you to be bound by their terms. In addition, the employer can assert any actual damages or losses it alleges because the worker was eliminated in breach of the obligation not to compete, which could include loss of revenue from customers, loss of secret employer information, and other similar losses. The situation is obviously even more delicate when the non-competition clause appears, when you are offered a salary increase or a promotion. Some states require you to get something more — for example, more vacation — if you`re asked to sign such a clause if you`re already an employee of a company.