Avoiding these eight errors does not guarantee your freedom to take legal action without competition. But it will reduce your chances of getting one, and it will increase your chances of winning it. 18. What happens to me if I violate the non-compete agreement by letting my employer work in the same sector? For example, in Florida, the law supports non-competitions, so the facts of your situation, and the state in which you live determine where the agreement is applied against you. By signing a non-compete agreement, an employee agrees that he will not work in a competing company if he stops. For the Making Sene this week, special economic correspondent Duarte Geraldino reports on the non-competition obligations and the link it imposes on workers, from lampshade manufacturers to adoptive parents. That depends. Courts often consider these factors: territorial scope, duration, nature of restricted tasks and consideration – in relation to others. For example, a large geographic area – say an entire state – may be more likely to be applicable if the duration of the restriction is short – say a month. On the other hand, a broad geographical scope associated with a long period of prohibition by a court is rather unenforceable. In examining the size of the space, the courts check the services provided by the employer.

As a general rule, the court does not allow any non-competition clause preventing a worker from working in an area where the employer does not make transactions. Duarte Geraldino: But you did defend companies and employers who say a non-compete clause has been violated. Under what circumstances is it acceptable? Probably not. Most courts require you to accept the terms of a non-compete clause – z.B by reading and meaning it. As a general rule, it is not enough for the employer to tell you that he is there for you to be bound by his conditions. Russell Beck: I would say that, overall, the use of non-competition bans has increased over the last 25 years. Russell Beck: Over the last 20 years, trade secrets have become an increasingly important aspect of the business, with the fact that they are now easier to move. So if you think about revenue or production processes, they are all registered electronically, and they are now very easy to get out of a business. You have a workforce that is increasingly mobile and changing jobs, and more than 50% of them admit that they take information when they leave, so companies are very concerned that information moves when the employee moves, and that is why I think it is because you have seen an increase in non-competition bans. Geraldino met with attorney Russell Beck, who specializes in economic and intellectual property litigation and has an influential blog on the subject to discuss why companies use competition bans.