How to Beat the Non-Compete
Posted by: albright on Fri, Apr 21, 2017Share this post
Non-Compete, or non-competition agreements, are rapidly falling out of favor with governments state by state. Once a tool used by companies to help protect their supply-side market share and trade secrets, the practice of asking prospective employees to sign a non-competition agreement may soon find itself thrown into the dustbin of history.
What is a Non-Compete Agreement?
When a company wishes to prevent one of its employees from taking their knowledge and skill to a competitor, they form an agreement with that employee not to “compete” with the company by strengthening competing enterprises. The employee must then avoid going to work for any other company that might tend to compete for business with their current employer. Non-competition agreements have been popular for some time, primarily to prevent companies from poaching each other’s top talent.
The biggest problem with non-competition agreements is they can so restrict the market for an employee’s skills they often end up with no way to seek gainful employment. Some consider it a voluntary blackball. Ultimately an employee shackled by such an agreement not only becomes less valuable to other employers, but they become far more vulnerable to manipulation by their current employer as well.
Against Public Policy
California has helped lead a nationwide movement to do away with the non-competition regime. The California legislature declared non-compete agreements “against public policy” some time ago. Since then, employees have been free to take their hard-won skill and knowledge wherever they like. A Las Vegas Litigation Attorney in the state of Nevada, can help you with your non-competition agreements. We have taken note of the Supreme Court decision that limits the enforceability of non-competition agreements and have experience working with many of these cases.
What Are My Rights?
If you are facing the decision to accept or decline a proposed non-competition agreement, it would be in your best interests to seek legal advice. Firms like Albright, Stoddard, Warnick & Albright have the experience and knowledge to help you make a well-informed decision about your current and future employment.