What Happens If You Go Against A Non Compete Agreement

On the other hand, the employer can sue you and go to court to get a so-called “injunction” or injunction to prevent you from violating your agreement. Since a breach of a non-compete obligation can cause direct harm to an employer, the court will often apply expedited procedures in these cases. Once your employer has applied for an injunction or injunction, they may only expect a few days or weeks before you have scheduled a hearing before a judge. You may have very little time to hire a lawyer and discuss your case with that person, so be sure to seek the help of an experienced labor lawyer once you know your employer is challenging your actions. I have won several lawsuits by pointing out that the obligation of non-competition was not even necessary from the outset. If there is a less restrictive method of protecting the employer`s interests, he should have proposed it. When selling a business, it is typical for a buyer to include in a purchase agreement the requirement that the seller does not operate the same type of business in a particular geographic area for a certain period of time. Whether or not these types of non-compete obligations are enforceable, and to what extent the courts will enforce them, varies considerably from state to state. Who would sign such an agreement? Jack is no different from many people who are burdened with a non-compete clause after leaving a job.

In fact, most companies have no trouble getting their employees to sign these agreements. This often happens at a time when leaving the company is furthest from an employee`s mind. B for example during the hiring phase or as part of an annual review when the employee receives a raise. In a New York case against sandwich chain Jimmy Johns, the court ruled that the company`s non-compete clause, which prevents employees from working in a similar industry that worked primarily with sandwiches for two years, was invalid. In response to this case, there is currently legislation that would prohibit the use of non-compete clauses for employees earning less than $15 per hour ($31,200 per year) or the applicable minimum wage in the employee`s community. Keep stopping to determine the status of this law. 17. Our company was bought by another company, and now we are told that we are subject to non-compete clauses. Can the new employer enforce the agreement against us? If you are charged with a non-compete violation lawsuit, contact a non-compete attorney in Virginia immediately. .