What Does A Non Compete Agreement Mean

If the employer is not willing to abandon the agreement or change the form or content to suit you better, you may not be hired or you may be fired if you are already employed. There are sometimes disputes as to whether non-compete obligations are legally binding. There is no simple answer; it varies from case to case. In most states, the answer is yes. Most States provide a mechanism to test the applicability of a treaty. This mechanism is called a declaratory judgment. Depending on the availability of this remedy in your state and the tactics involved in each individual situation, it may make sense for the employee to file a declaratory action asking the court to determine whether the agreement is enforceable. There are many practical and tactical considerations for deciding whether you, as an employee, should bring a declaratory action to challenge an obligation not to participate in a contest. There is no single answer to this problem. When selling a business, it is typical for a buyer to include in a purchase agreement the requirement that the seller does not operate the same type of business in a particular geographic area for a certain period of time. Whether or not these types of non-compete obligations are enforceable, and to what extent the courts will enforce them, varies considerably from state to state. Non-compete obligations are also common in the information technology sector, where employees are often burdened with proprietary information that can be considered valuable to a company. Other places where these deals are found are the financial industry, the corporate world, and manufacturing.


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