Getting a new job is always an exciting experience. You’re done with the interviewing process and ready to move on to the next chapter in your life. That said, before you join your new team officially, you’ll likely be asked to sign several contracts. One of those contracts will likely be a non-compete agreement. Though in most cases, these agreements are fair to both parties, this isn’t always true. For this reason, you should read on and reach out to a seasoned Atlanta non-compete agreements attorney to learn more about these agreements and whether you should sign one. Here are some of the questions you may have:
What is the purpose of a non-compete agreement?
Essentially, the purpose of these agreements is to ensure that you won’t take field-specific knowledge (particularly in a niche field), leave the position, and then apply this knowledge to a substantially similar position with a competing company (or start your own company to compete with your previous company). This seems innocent, and in most cases, it is, as it is both immoral and, in some cases, illegal, to take trade-specific knowledge or trade secrets from one company and use it as an edge with a competing company. However, there are cases where these agreements are too broad in scope or violate the law themselves, and you should not have to be bound by such a contract. Our legal team can help you review this contract and ensure it’s in your best interests before you sign on.
What qualifies as a valid and enforceable agreement?
For a non-compete agreement to be considered valid and enforceable, it must meet various qualifications. To start, it will have to have valid business interests. Simply put, the employer must have a valid reason for requesting you to sign such an agreement. If the agreement doesn’t specifically target the interests of the business, it may not be enforceable in court. The agreement must also be supported by consideration, which means that the employer will have to give you something of value for abiding by the agreement, such as an employment offer or a raise. That said, if the employee violates a legally-enforceable non-compete agreement, he or she may face legal ramifications. Finally, the agreement must be considered reasonable. This means that it must not cover an unreasonable amount of geography or last for an unreasonable amount of years. If you would like to learn more about these agreements or you’re being asked to sign one, please don’t hesitate to speak with a dedicated Atlanta employment rights attorney from our firm for advice.
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To discuss your employment law case with a legal team you can trust, please do not hesitate to contact Ben Barrett Law today.