What is a non-compete clause?
A. A non-compete clause can be: a) a paragraph contained in an employment agreement, or b) a separate agreement. It usually tries to prevent former employees from working for competitors of the employer for a specified period of time. Q. Are non-compete clauses legal? A. Yes. It is legal in many states to require certain employees to sign non-compete clauses. But sometimes the non-compete clauses that employees are forced to sign are not considered legally enforceable by the court. Q. How do I know if my non-compete clause is enforceable? A. The best way to know if the non-compete clause that you signed is enforceable is to consult with an attorney who has experience with employment law or business law. One referral source for finding employment lawyers is the National Employment Lawyers Association. Generally, courts in all states will enforce clauses that are reasonable and will not enforce clauses that are unreasonable. Certain factors determine if the clause is reasonable, such as