The Difference Between A Non-Competition Agreement And A Non-Solicitation Agreement

September 12, 2008 by  
Category: Employment Law

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It can be difficult for an employer to enforce a non-competition agreement that prevents workers such as sales people from working for a competitor. In those situations, it’s hard to argue that there is a proprietary interest that the organization has a right to protect. In those situations, a non-solicitation agreement would be preferable because […]

The Use Of A Non-Competition Agreement As A Condition Of Employment Or When There Is An Employment Termination

September 11, 2008 by  
Category: Employment Law

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An employer can make employment dependent upon a non-competition agreement. If the candidate refuses to sign the agreement, the employer can say, “I’m sorry, your employment is depending upon our agreement to a non-competition clause.” In the case of a termination of employment, legally, an employee isn’t obliged to sign anything restricting their work following […]

The Situation In Which A Non-Competition Agreement Is Introduced When You Are Already Employed

September 2, 2008 by  
Category: Employment Law

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A situation may arise where you are already employed, but new management or new policies require you to sign a non-competition agreement. You have no legal obligation to sign a non-competition or restrictive covenant once you already have that employment. However, if an employer offers additional consideration, for instance, an extra week of vacation or […]

The Purpose Of A Non-Competition Agreement

September 2, 2008 by  
Category: Employment Law

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An employer cannot limit an employee’s right to go out and set up a competing business or work for a competing employer following termination of employment. There is no common law prohibition against competition. In order for an employer to limit an employee’s rights following termination of employment to work for other competitive organizations or […]

How A Non-Competition Agreement Affects An Employee Who Wants To Seek A New Job

August 29, 2008 by  
Category: Employment Law

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The real problem for an individual who secures a new position, working for a competitor, for instance, is what will happen in terms of the next steps his former employer will take. In order to minimize the risk of litigation against the employee it is best to disclose the previous non-competition agreement to the potential […]

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