CJ Jouhal
LinkedIn | Twitter | Facebook | About.Me

An Entrepreneur that leverages technology to grow and enhance a business. A Technologist that understands business and entrpreneurship and makes technology facilitate the business model.

These are my ramblings about business, technology, startups and whatever else.

How To Avoid A Non-Compete Agreement

There are at least eight different points on which you can challenge a high-potential non-compete agreement to waive it or to get an agreement that will not be enforced by the employer. If you choose to leave an employer with whom you have an agreement not to compete, the employer must do nothing. In this case, be sure to come up with a type of agreement with the employer so you can do whatever you want. Also make sure that the employer exempts you from your non-competition agreement with a signed document. As states move forward, legislators should focus on policies that prohibit non-compete measures for low- and middle-income workers; clarify that non-poaching agreements between franchised companies are illegal; Rising costs for businesses that break the rules; and create stronger ways to enforce the law. Your lawyer can help you determine if your employer`s non-compete agreement is legal and fair. For example, an employer who asks you to sign an agreement before you even offer you a full-time job, as Groupon did, may not be in compliance with the law. In addition, non-competition prohibitions are limited or totally prohibited in some U.S. states, including California. If there is a problem with the agreement, pay attention to your potential employer. 24.

I am negotiating a non-competition clause. Are there any things I should ask? States should limit non-competition clause contracts to the small portion of workers eligible to negotiate these agreements. In order to protect low- and middle-wage workers, states should prohibit this type of contract to all workers earning less than 200% of the state`s average annual wage. In addition, the legislature should prohibit companies employing at least 50 workers from requiring more than 5% of their staff to sign such a document. Although no state legislator has passed such a law, workers` lawyers and academic researchers are beginning to address these ideas. Some scholars recommend that state legislators adopt a rule in themselves against non-poaching agreements, whether they are used outside or within franchises. 92 The modern knowledge economy depends on the rapid influx of talented people and open competition, but more and more workers are being asked to sign non-competition measures that may subsequently hinder their ability to work for a competitor or start their own business.

Be Sociable, Share!

Comments are closed.

cjjouhal’s twitter