Reducing workers` leverage: negotiating for a promotion, higher salary or additional benefits is much easier if you go to the office with an offer from another company. A non-compete agreement will reduce your choice of companies that could take you away, and therefore your bargaining power. There may come a time in your career when you will have the opportunity to work for your employer`s competitor for a job or pay scale increase. Before accepting the job, read carefully your current employment contract to see if a non-compete clause prevents you from working for a competitor and, if so, for what period after their resignation. If you invalidate the terms of this agreement, you may face litigation in the near future. If you are unsure of the complex terminology of your non-competition agreement, contact a lawyer to determine the exact limits. A poorly worded clause can offer you a loophole. What happens in these agreements? A typical non-compete agreement prohibits an employee from working in a competing company after leaving the company. The agreement generally provides for a period after the employee`s departure and a geographic area in which the employee must forego a competition. It may contain other limitations.
Jack`s agreement prohibits him from working for a one-year period in a competing lawn care company within a 100-mile radius of his former employer`s office. In the case decided by the Bundesarbeitsgericht on 31 January 2018 (case 10 AZR 392/17), the defendant did not pay the compensation agreed in the post-contract non-competition agreement after the departure of the worker from the company – despite the warning. Therefore, the applicant sent the following letter to his former employer: According to federal judges, resignation can be made by careless wording of e-mail. Only the objective “beneficiary horizon” is decisive for the interpretation of each statement. Look at the worker`s new employer, the reasons for leaving and plans to compete. An admission that the worker intends to violate a restrictive federation is compelling evidence in court and may assist an employer who must seek an injunction to avoid unfair competition. When an employee lies about violating a restrictive alliance, the lie itself may support the employer`s argument that an intervention court is necessary. To verify this, here are the most important questions you will receive an answer to before signing a non-compete agreement. You should all be included in the language of the contract, so if any of these questions do not have a clear answer in the text, be sure to stop it and include it in the final version you sign. For an employee, the professionals in a non-compete agreement are less restrictive, but they exist: if your employer sues you for violating the non-compete agreement, he will go to court and ask for an “injunction” which constitutes an injunction to prevent you from violating your agreement.
These cases are often expedited, so it can only be a matter of weeks before having a hearing before a judge.