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Non-compete Agreement

Hiring and retaining a workforce is a task that difficult to manage and control. In order to facilitate long term goals of a corporation and manage its human capital, it costs thousands of dollars to train and develop experience in employees. Thus, a critically important element of safeguarding the investment is employee retention. A company must ensure that an employee will not leave the corporation and use the training and experience against the corporation after the corporation has expended thousands of dollars towards training an employee. 

More employers are using restrictive agreements with their employees from working with competitors to limit the chance that an employer’s information or trade secrets will be disclosed to another company. In addition, by having a restrictive agreement, the employer is able to enforce a policy that condones keeping investment in human capital low by retaining employees. In turn, the chance towards losing that investment is low.

Our law firm can draft an agreement that suits your needs and protects your interests whether you have a small business or a large one. There are three types of commonly used restrictive agreements:

  • Non-competition: prevents an employee from working for another employer.
  • Non-solicitation of customers: prohibits soliciting or doing business with customers of a former employer.
  • Non-solicitation of employees: prohibits soliciting or trying to recruit employees of a former employer.
Because a restrictive agreement is generally closely examined by a court to ensure that it is not too narrowly tailored to protect an employer’s business interest, there are many issues related to whether the agreement will be enforced against an employee. You should retain an attorney experienced in this area of practice to draft an enforceable restrictive agreement to protect your investment.