Non Competition Agreements: What You Need to Know About Their Legal Definition

Definition & Meaning

Non-competition agreements are legal contracts between employers and employees that restrict employees from competing with their former employer for a specific period after leaving the company. These agreements may also prevent employees from sharing sensitive information or trade secrets with competitors. Typically, non-competition agreements are included as clauses in employment contracts and serve to protect a company's proprietary information, such as client lists, business strategies, and production processes.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A software company requires its lead developer to sign a non-competition agreement that prohibits them from working for any competing software firms within a 50-mile radius for one year after leaving the company.

Example 2: A marketing agency includes a clause in its employment contracts that prevents employees from soliciting the agency's clients for two years after their departure (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State Enforceability of Non-Compete Agreements
California Generally unenforceable except in limited circumstances.
Texas Enforceable if reasonable in scope and duration.
Florida Enforceable with specific limitations on duration and geographic area.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

What to do if this term applies to you

If you are an employer considering a non-competition agreement, ensure it is reasonable and tailored to your business needs. If you are an employee asked to sign one, review the terms carefully and consider consulting a legal professional to understand your rights and obligations. Users can explore US Legal Forms for templates that can help in drafting or reviewing non-compete agreements.

Quick facts

  • Typical duration: One year or less
  • Common geographic scope: Local or regional
  • Potential penalties for violation: Legal action or injunctions
  • Enforceability varies by state

Key takeaways