Enforcing Non-competition Clauses

Can my employer enforce my non-competition clause?

It depends.  Generally, non-competition clauses are enforceable in Connecticut.  They are looked at very strictly,however, by the courts and must not be too broad in geographic scope or in time.  For example, a non-competition clause which claimed that you could not compete for five years might be too long and might be held in valid by a court.

These clauses also need to be supported by consideration.   Employers who do not have you sign the non-competition agreement at or around the beginning of your employment run the risk that they will be held invalid and unenforceable.  Non-competition agreements which are signed well after the commencement of your employment could be invalid if your employer didn’t offer you something new in exchange for this new promise, such as a bonus, a raise, a promotion, or something else of value.

You should keep a copy of your non-competition agreement and understand its terms.  It is not advisable to assume that they are unenforceable.

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