Many people think non-compete agreements are unenforceable and are deterred from using them with employees. However, the reality is not that the agreements themselves are unenforceable or a waste of time. Rather, non-compete agreements done WRONG are unenforceable.
Most states require more than just a signature by your new or existing employee for a non-compete agreement to be valid. Sometimes you get lucky if an employee thinks the agreement is valid and abides by the terms regardless of whether it actually is. However, if you need to take legal action to enforce the agreement, that is when you may discover your non-compete was not valid in the first place. This can be a costly mistake, especially if your rock star employee that you trained for years opens up shop across the street.
Other costly mistakes are underestimating people and thinking that your employees are so steadfastly loyal that after you teach them all you know, they will work for you forever. For better or worse, "be afraid of the enormity of the possible." Protect your business and use non-compete agreements... CORRECTLY.
1) We can provide you a non-compete agreement for new or existing employees.
2) If you're unsure if a document you've used in the past checks the required boxes, we can review it and discuss the circumstances (which matter!) to advise if it's a valid and binding non-compete. If it's not, we can get you squared away with a new document.
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