11. If I have already accepted a non-participation contract, can I leave? If you are considering changing jobs or if your former employer is threatened with competition, we can help. Contact the company for free advice at (540) 585-1776. Your employer may also claim “liquidated damages” if these are defined in the non-compete agreement. The liquidation of damages is a fixed amount that the employer and the worker accept in damages if the employee violates the agreement not to compete. However, not all liquidated damages are enforceable by law. It also depends on the facts of each and the law of each state. Did you really commit an offence? It all depends on the wording of the clause; You have to define what the clause says. Even if JoEllen wins in court and can continue in business, it`s many years, and many, many dollars from lawyers later before she could get satisfaction. Is it worth it? Not usually. Even if the agreement is unenforceable or revolting and a judge ends up on his side, it cannot win; That`s what lawyers do. We will now talk about the most pessimistic scenario: what happens if the former employer wins the complaint for violation of the non-competition agreement? Challenging a non-competition agreement is tantamount to bringing them to justice. The courts decide on a case-by-case basis the adequacy of competition.
Non-competition agreements, also known as non-competition or competition restriction agreements, are very common in employment contracts, job applications and business sales contracts. The general objective of these agreements is to limit the ability of workers who sign the agreement to work against the employer in a specific geographical area for a certain period of time. If you sign it, you generally accept that you are not competing with your employer by participating in a similar business, as an employee, independent contractor, owner, owner, major investor and what other forms of competition your employer identifies to cover its base. The only way to challenge a non-compete agreement is to violate it. Unfortunately, this means creating a new business of the same type within the forbidden distance and time. Even if you feel that the terms of the agreement are inappropriate, there is no way to test the agreement without doing anything that would bring legal action. You signed a non-compete agreement when you entered the company. It was a multi-page contract, filled with legalese in a stack of documents that gave you the first day of work by the human resources department. Maybe someone said to you, “That`s the norm,” as you signed it. After all, it never appeared during your interview. However, the possible consequences discussed above only apply if the non-competition agreement between the employer and the worker is first binding. Very often employers design non-compete agreements with anything they understand to deter you from any form of competitive behaviour.
But instead of being more immune to a worker`s competition, these employers have no protection because of their inadequate and broad non-competition agreements. Therefore, a non-compete agreement may not be applicable in advance and does not apply to you.