When it comes to being an independent contractor or entrepreneur in the modern workplace, understanding the non-compete agreement is essential.
A non-compete agreement (also called a “covenant not to compete”) is a legally binding document that prevents you from entering into or starting a similar profession, trade, or business that competes with the company you are working for.
Who Needs a Non-Compete Agreement?
Generally, businesses have non-competes with upper-level management, executive, and high-level employees as well as any independent contractors or freelancers. It’s important to understand the terms of your non-compete agreement so that you know what you can and can’t do when it comes to starting a competing business.
How Does a Non-Compete Agreement Work?
The non-compete typically sets forth the length of time an employee (or contractor) cannot work for a competing business after leaving the original employer. It also often specifies a geographical area in which the employee or contractor cannot work. It’s important to note that non-compete agreements may cover different types of business activities, such as sales, marketing, or product development.
Non-compete agreements are used to protect an employer’s confidential information or trade secrets and to ensure a former employee does not join a competing business and use that knowledge or confidential information against them.
Are Non-Compete Agreements Enforceable?
In most states, non-compete agreements are enforceable to some degree. However, each state has different laws and regulations about the enforceability of non-competes, so it is important to check the laws of your state before signing a non-compete.
It is also important to remember that non-compete agreements must generally be “reasonable” and can’t be so restrictive that they prohibit you from earning a living. If the agreement is too broad, a court may refuse to enforce the agreement and a non-compete that is too restrictive may be deemed “void as against public policy.”
What Should You Do With a Non-Compete Agreement?
If you are presented with a non-compete agreement, it is important to understand exactly what it covers before signing it. It is also a good idea to have the non-compete agreement reviewed by a qualified attorney.
You should also be aware of the enforceability of non-compete agreements in your state before signing it. Additionally, if you think a non-compete agreement is too broad or too restrictive, you may ask to have it modified or negotiated.
Understanding your non-compete agreement is important when negotiating and entering into an agreement in the modern workplace. With the right information and resources, you can ensure that you are protected and understand how non-compete agreements work in your particular state.