Employment
|
|
 |
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.
|
|
|
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.
|
|
|
|
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 ** |
|
|
|
 |
| |
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
Maryland
Divorce and Child Custody, Maryland Personal Injury, Maryland Criminal DWI
Laws.
Call for a FREE
consultation at (301) 738-5700 *Free consultation
up to 10 minutes
in person. Free consultation does not apply to
employment matters.
Please Note: Telephone Conversation / consultation does not create an attorney client privilege and is only meant to provide general information. If you intend to create an attorney client relationship and privileges you must set an office appointment. Free consultation does not apply to employment matters.If you intend to create an attorney client relationship and
privileges you must set an office appointment.**Affiliate
offices are separately owned and operated law firms. No other inference of
connection is implied or represented. Law firm does not assume any
responsibility or liability express or implied as to any other affiliate
office.
111 Rockville Pike, Ste 980,
Rockville, Maryland 20850, (301) 738-5700 (phone),
(301) 738-5708 (fax)
Maryland
Divorce,
Personal Injury Lawyer Maryland, Maryland
Drunk Driving DWI Lawyers, Maryland Divorce Lawyer |
|
|
|
|
|