#1: They have limits. The law imposes certain restrictions on non-competition prohibitions: they must be proportionate in terms of duration, geographical area and scope of the object. They are generally considered appropriate when their term of office is two years or less, but the former employee will likely be allowed to work for a competitor or become a competitor. 2. Qualify for the protection of trade secrets – in general, all valuable business information you try to keep secret from competitors is subject to the protection of trade secrets. But to tell the obvious, to be a business secret, the information must indeed be secret. In deciding whether information should be justified for the protection of trade secrets, the courts consider many factors, including the extent to which the owner of the secrecy has taken appropriate steps to preserve his or her secrecy. A widely recognized precautionary measure involves requiring staff to accept the use or disclosure of confidential information. In addition, an agreement not to recruit customers (i.e. a non-invitation agreement) may be appropriate when customer information is a trade secret. Contracting parties often enter into non-competitive agreements after the termination of an employment contract or include non-compete agreements in the contract.
If non-competitive obligations become effective following the termination of the employment contract, the intentions and interests of the parties and the nature of their relationship would likely differ from the date the contract was terminated. In order to avoid the pitfalls described above, employers are advised to seek legal advice and to have legal advisors review their general application models before entering into competition agreements. 6. Do you explain expectations with employees – do your employees realize that you expect them to leave the information you have entrusted to them when they decide to find a new job? Do you understand that the relationships you paid to maintain and maintain them are yours? The best time to inform your employees` expectations is before an argument arises. This can influence the behaviour of an outgoing employee and provide you with the leverage you need to protect your business. To answer this question, it is important to define the employer`s “protective interest.” This is analyzed by the courts using tests that vary from state to state. In general, the courts take into account the following factors.8 Discouraging competitors from recruiting their employees – preventing competitors from recruiting their employees is not in itself sufficient to justify the imposition of a restrictive pact. Indeed, the courts will not impose restrictive alliances if they do not serve any other purpose than to restrict competition.
But if you have a legitimate purpose to require employees to sign such agreements – such as necessity. B to protect confidential information or customer relationships – to send a message to your competitors saying you are willing to protect those interests is a good side effect.