Non-compete agreement

Rockie

Does anyone have a copy of a non-compete agreement. Also, do you have any words of wisdom on using these type agreements.

marc

Gee, we are usually more responsive than this. A couple of suggestions, do a search on non-compete for words of wisdom. This topic has been covered a couple of time with some good insight.

If memory serves, these agreements can be difficult to enforce. Your chances are greatly improved if the time-frames are limited and there is some consideration attached upon severance. I think a reasonable limited geographic area is also helpful - that is to make sure you are really only dealing with the region where you do business.

I don't have any examples - perhaps some others will still jump in and save the day.

deniseE

Sometimes a regular web search will turn up a few that you can adjust to meet your needs.

We have found that they are nearly impossible to enforce--so we really don't bother. Instead, we have language in our "code of ethics" that is intended to prevent collaborating with a competitor and then leaving to work with them. It's not airtight, but it's something.

ritaanz

I have not had any success in the courts enforcing them. It usually comes down to not being able to stop the individual from earning a living.

hrbanker

We generally add non-competes to severance agreements and (1) limit the time and (2) limit the scope...
Such as "for a period of six months from termination, he/she will not directly or indirectly solicit business from any customer of ..." We also add that "he/she will not recruit other employees of the institution to leave their employment."

Having it in the severance agreement in exchange for some monitary consideration seems to have more weight than something the employee signed three or four year before at hire.