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Monday, May 15, 2023

Employment Attorney

 

  • Are you thinking about leaving the state or switching careers because a non-compete clause with your prior company prevents you from working in your desired field? If so, you might wish to have a contractual law professional examine the non-compete agreement's legal legality before you load the U-Haul. Non-compete clauses must comply with state laws in order to be legal. For more information on Non-compete lawyer, visit our website today.

    Employers may neglect to confirm the validity of their agreement, though. Your previous employer may not be able to successfully enforce the non-compete agreement if you seek a declaratory judgement against it if your lawyer believes it isn't. Despite the fact that non-compete agreements are governed by state-specific regulations, there are a few common issues with non-competes that might lead to their invalidation.

    If the non-compete agreement is unambiguous, that is the first and most crucial factor to take into account. These agreements must be enforceable in a court of law, thus their language must be precise and unambiguous. Three specific provisions of the agreement should be crystal clear:

    Does it cover a certain area of the world? A clear and acceptable geographic restriction on where you cannot search for work should be included in a non-compete agreement. The agreement could not be legitimate if it covers more territory than it already operates in, such as regions where it would want to conduct business, where it formerly conducted business, or across an unreasonable distance.

    Does it have a time restriction that is reasonable? There should be a time limit in non-compete agreements that prevents you from working for a rival. Open-ended non-compete agreements with no specified time limit are likely to be ruled illegal by the legal system.

    Does it include restrictions on what you can and can't do at work? The sorts of employment responsibilities you cannot undertake for potential employers should be made plain in the agreement. They need to be tasks that you completed especially for your previous workplace. Many jurisdictions let individuals constrained by non-compete agreements to work for a rival as long as they aren't carrying out the same tasks or aren't in positions that might jeopardise the previous employer's trade secrets. You should speak with a lawyer who focuses on contract law in your state if you believe the non-compete agreement is unreasonably limiting or ambiguous. They will be able to examine the contract and inform you if it can be ruled invalid. If so, you might have a declaratory judgement brought against your previous employer by your lawyer. Your lawyer could also inquire about your previous employer, including if you were wrongfully terminated, whether you experienced any discrimination or harassment while working there, and whether you received all of your due wages and incentives. These problems may invalidate a non-compete clause that might otherwise be legal.

    Even though it's probably not in your top priority list, you have the right to pursue gainful employment in your industry if you so want. Get in touch with a contract law attorney right away if a restrictive non-compete is holding you back. Want to know more about the best Employment Attorney in Tampa? Visit our website for more information.

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