“Noncompete agreements-the club that gets bashed over a reluctant employee’s head when a company is afraid the ungrateful employee might take on the company in the big bad world out there (and maybe even win.)”
~Joan E. Lisante, Esq., attorney and freelance writer
Many employees enter agreements containing non-disclosure, non-competition, and non-solicitation clauses that often impede the employees’ smooth transitions into other jobs and careers.
The restrictions on an individual’s employment or partnership both during employment with a particular employer and after that employment ends, can prevent an executive, partner, or professional from earning a living in his or her own industry for a lengthy time frame after employment ends, or from soliciting employees, clients, or customers after leaving employment. Individuals can also be prevented from starting a new business and from hiring former employees.
These clauses pop up in initial employment agreements, in unusual contracts that employees are required to sign in order to continue their employment with a particular company, or as a condition to receiving perks and bonuses.
Ideally, you would consult with Bonnaig & Associates the minute you are presented with an agreement to sign, so that we may counsel you on the consequences of entering said agreement, or how the agreement might be tailored based on the current state of the law in this arena, so it would be more protective of your interests.
If you would like to consult with us on the ramifications of an agreement you already signed, be assured you are in good hands. We have vast experience with these agreements. We can help you narrow the scope of these clauses and advise you on how to strategically ensure that this agreement does not jeopardize your future employment, if any.
It can be taxing on your pocketbook if you enter into such an agreement without the benefit of counsel helping you to negotiate its terms. If you ‘breach’ such an agreement, you may find yourself being sued in court, with your former employer seeking an injunction or temporary restraining order. Defending yourself in one of these actions can be prohibitively expensive. However, if you consulted with an experienced employment attorney before signing one of these agreements, it’s less likely you will be slapped with this type of lawsuit.