After the end of the defendant`s employment, the applicant requested the execution of an alleged non-competition agreement. The applicant did not present the contract itself to the Tribunal, but offered a „summary“ which the respondent did not contest. After this summary, the defendant agreed „not to do similar business or to carry out any activity in any way… or „for a period of five years from the termination of the business,“ in one way or another, of a similar transaction with the applicant`s past, present and future clients. The above case should not be construed in such a way that not all non-competition agreements are applicable in Maryland. A narrowly adapted competition ban agreement, limited in scope and duration, can be validated by a judge. For this reason, if you have signed a restrictive contract – or have been asked to sign a contract – you should speak to a qualified Baltimore lawyer who can inform you of your rights. Call J.W. Stafford`s law firm, L.C.
at 410-514-6099 or contact us online if you need advice on how to manage a non-compete agreement that affects your ability to earn a living. No no. However, if you do not accept a no-competition agreement, you may lose your potential job (or your current job) if your current employer now wants you to sign an agreement that did not yet apply to your job.) If the employer is not willing to waive the agreement or change the form or content to better suit you, you may not be hired or you will be fired if you are already employed. 10. I was asked to sign a non-compete agreement after I started working for the employer. Is that legal? That depends. There may be claims that you can claim against the new employer because you did not tell yourself in advance that it was a requirement. These rights vary from state to state and may depend on the applicability of competition bans. 24. I am negotiating a non-competition clause.
Are there any things I should ask? Any non-competitive agreement must be appropriate in space. Large employers define geographic scope around the world and at the federal level. Small employers use more localized areas, such as 15 miles from any office, an example would be a real estate agency. The courts here in Connecticut will look at that as a factor, but that is not the control factor. Courts will not impose a non-compete ban if the company has multiple offices in Connecticut and limits staff to 15 miles from each Connecticut office; Employment in Connecticut is virtually prohibited. William Raveis Real Estate is a company that uses this type of geographic area of competition. Recently, the Court of Justice informed Raveis that this form of agreement was not applicable. If the employer is not competitive, we always check whether the employer imposes these agreements consistently.
The role of the employer is to show that it applies the agreement in a consistent way to all.