Although we often see 12-month non-competition bans, a non-compete regime is only enforceable for the period required to train and update the replacement of a former employee. This means that the courts are prepared to enforce longer non-competition bans if workers have specific skills that cannot be easily replaced. 3) Are the restrictions on workers` competition law too broad? 1) Have I signed a copy of the non-competition agreement? It is very simple, but it can be a problem if an employer has not protected copies of the non-compete agreements signed. This does not mean that the employer does not have a case, but it will make it much more difficult to enforce the non-competition agreement, because the employer must first prove that the worker actually signed the agreement. A trade secret is information that gives your business a competitive advantage because it is not known to everyone and cannot be easily learned by others who might benefit from it. It may be a formula, pattern, compilation, program, device, method, technique or process that you have done to keep it a secret. If an employee who has access to trade secrets – either because the employee has resigned or been fired – he or she could use this information for his or her personal benefit (and at the expense of employers). For example, a former employee may open a competing business or go to work for a competitor and unknowingly or intentionally reveal your hard-earned keys to succeed. A duly developed non-competition agreement can prevent this. The facts and circumstances of each situation must be carefully considered to assess whether a non-competition agreement is likely to be applicable.
As a result, workers should seek individual legal advice from an employment law specialist. 2) The next step is to file a lawsuit. This is unlikely to be a typical complaint in which an employer will only file a complaint. Since the violation of the non-competition clause by the worker can be directly prejudicial, an employer should also file an injunction and an application for an injunction. While this article provides an overview of non-competition obligations, there are other factors to consider and you should not rely exclusively on this information to evaluate a non-compete agreement. If you are dealing with a non-competition agreement, it is best to consult a lawyer who is involved in this area of the law. Don`t try to define too completely what information is confidential.