The worker who resigns to work for competition may not pose a real threat; and litigation can be costly. But if you let one person get away with ignoring the agreement, will they lose their teeth and be ignored by others? At first glance, such agreements seem very useful. The sudden loss of a major seller, for example, often creates a triple shame. First, an experienced member of the sales team has disappeared, along with an in-depth knowledge of your business, products, pricing policies and customers. Often, a non-invitation agreement is part of a larger document, for example. B of an employment contract, a non-competition agreement or a confidentiality agreement. But it is not necessary. For example, an employer who only wants to protect his client list can use a stand-alone non-invitation agreement. Restrictions over time: a permanent limitation over time would certainly jeopardize a non-competition agreement. In general, the courts were prepared to accept a one- to two-year restriction without much concern. A typical agreement could prohibit Jane Doe from directly or indirectly competing with her employer ABC Corp. or from working for a competitor of ABC Corp.
in any new State of New England for a period of 12 months after Ms. Doe`s employment with ABC Corp. ended. The main factor in the existence of a non-competition clause is whether the agreement limits the worker`s appropriate ability to find employment in his or her chosen occupation. If the agreement is too twisted in favour of the employer, the courts here in Connecticut will invalidate the agreement. Courts generally audit employer protection to protect against competitive behaviour with respect to worker`s right to work and subsistence. Each case is factual and contextual. The next item on the list provides the solution for balancing the interests between the parties. If you declare new England outside the boundaries and Maine is not part of your clientele, the agreement may be declared unenforceable. If your restriction covers the entirety of Connecticut, but you only do business in Hartford County and New Haven County, a court can cancel the entire agreement. Longer restrictions have sometimes been maintained, but may reduce the likelihood of the agreement being implemented. Creatively developing separate provisions for successive periods can enhance applicability, while reducing the security of time limitation that can be maintained as appropriate.