Have you signed an agreement which contains a covenant not to compete? Are you confused about whether or not it is enforceable? Do you have questions about what you can do during the period of the clause? Are there ways out of it?
These agreements are looked at more strictly by the courts than other agreements between employers and employees. In order to be enforceable, the agreement must be considered reasonable. There are five criteria that courts will look at to determine whether the agreement is reasonable:
- The length of time the restriction is to be in effect;
- The geographic area covered by the restriction;
- The degree of protection afforded to the party in whose favor the covenant is made;
- The restrictions on the employee’s ability to pursue his occupation; and
- The extent of interference with the public’s interests
While the courts of Connecticut will enforce these covenants if they meet all five criteria listed above, there are things that can be done to protect your rights.
Employers should not be permitted to prevent hard working employees from earning a living in their chosen field. We take pride in assisting people who need help in this area.
- Successfully defended suit by company against employee accused of breaching non-competition clause.
- Successfully defended non-solicitation claim by employer and negotiated release of several clients to former employee.