Non Compete Agreement

KMS · April 2001

I am looking for a form of Non Compete Agreement. We are interested in keeping our employees from contacting our direct clients for a period of 2 years after their termination (for any reason) from the company. If anyone has a good policy, would you post it [url]http://www.hrhero.com/policies/policyindex.shtml[/url] ?

Thanks.

Theresa Gegen TX · April 2001

YOu need to be very careful with doing these, and tailor the agreements to the individual situation. Otherwise the agreement probably won't be enforceable.

Good Luck!

Douglas Neu RI · April 2001

It's generally not wise to use a form non-competition agreement, because its enforcability depends on the particular circumstances of the individual's employment (such as the need for the non-compete) and the law that applies. For instance, some states prohibit non-competes. In addition, states have different rules on what happens if part of a non-compete is enforcable, with some states adopting an all or nothing approach and others modifying the agreement accordingly so that the agreement is enforcable.

Overall, you've got to be careful with non-compete agreements, and it would pay to consult with someone experienced with them and the law in your state.

I hope this helps.

Douglas B. Neu
Editor, Rhode Island Employment Law Letter
[email]dneu@pkklaw.com[/email]

Gillian · April 2001

This IS an issue that an attorney should help you with, for the reasons stated by the attorney responses.

pv25 · April 2001

I agree that you should consult with an attorney, but before you go, look over some sample non-competes to get an idea of what they look like. Check out this link for some examples:

[url]http://www.elinfonet.com/k_output.php?kcc=4[/url]

pv25 · April 2001

Sorry, the link I posted didn't work. Try this one:

[url]http://www.elinfonet.com/HR3_RZ.php[/url]

Non Compete Agreement

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