Employment Law
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One of the biggest questions asked
today is "should I sign a
non-compete"? This all depends on
your job responsibilities and the
nature of the position you hold. A
non-compete is an agreement between
you and your employer to generally
refrain from working or interfering
with the employers company should
your employment be terminated. The
terms of the agreement are generally
broad and in favor of the employer.
All agreements must be in writing. A
written agreement may be entered
into with an employee, agent,
independent contractor, partner,
joint venture, distributor, dealer,
franchisee, licensee of trademark or
service mark, or the seller of all
or part of a business, corporation,
partnership, or limited liability
company. Additionally, written
agreements can be used for the
protection of trade secrets.
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For example, if you are a scientist and a
company wants you to work with their development
team on a new and emerging product, a
non-compete maybe appropriate. Even in such
event you must be careful not to sign an
agreement that is overly broad and restrictive
or you may find yourself not working for a
considerable amount of time with no income.
If you are a lower level employee with modest
income you may not want to sign a non-compete or
you maybe in for hard times. Let us say you are
a secretary and the agreement forbids you to
work as a secretary for two years. This would
substantially impair your income ability. Most
agreements provide that an employee can be
terminated at any time, with or without cause.
After two weeks at a job they inform you that
you are terminated and because you signed a two
year non-compete you can not work as a
secretary.
Of course a court of law may or may not uphold
the agreement. When seeking to enforce these
covenants, the employer must prove to the court
that the agreement is reasonably intended for
the protection of a legitimate business interest
of the company. Examples are trade secrets,
valuable confidential business information,
substantial relationships with specific existing
or prospective customers, customer goodwill
associated with an ongoing business, a specific
geographic location, or a specific marketing or
trade area, and extraordinary or specialized
training.
Most non-compete agreements are written for the
benefit of the employer, not the employee. Do
not sign an agreement without first
understanding what it says. Contact an attorney
if you need help. Do not rely on the employers
statement that if something were to happen to
your job the company would not enforce the
agreement. Company policies change regularly and
if they would not enforce an agreement why would
you be signing the agreement in the first place.
Maryland employment lawyers who understand
employment law.
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YOU SHOULD REMEMBER THE
INFORMATION THAT YOU READ HERE
IS GENERAL IN NATURE AND NOT
MEANT TO BE A SUBSTITUTE FOR
SPECIFIC LEGAL ADVICE FROM AN
ATTORNEY.
MAIN OFFICES IN WASHINGTON, D.C.
WITH AFFILIATE OFFICES ATLANTA &
SAN FRANCISCO AND REFERRAL
OFFICES FROM COAST TO COAST
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A Maryland
law firm also serving the District of Columbia and the Nation. Maryland
lawyers also licensed in the District of Columbia. We work with lawyers
around the country to provide the very best representation.
Contact our Maryland Lawyers
Regarding
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