Certainly, happens all the time. If you sign a non-compete agreement, then comply with it.
A non-compete clause , or covenant not to compete , is a term used in contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
A non-compete clause or covenant not to compete(CNC), is a term used in contractunder which one party (usually an employee) agrees not to pursue a similar profession or trade in competition against another party (usually the employer).Often, a non-compete agreement is used to prevent an employee from quitting and going to work for a competitor. Usually, non-compete provisions are often 6 - 12 months long.Whether a non-compete is valid and enforceable varies from state to state. For example, California rarely finds such agreements valid. My own state of Virginia will only enforce non-compete agreements which are reasonable in geographical scope and duration.We write about the enforceability of non-competes in Virginia on our blog:http://virginianoncompete.blogspot.com
A non-compete clause is the legal term used when an employer requires an employee to not engage in business activity with direct competitors or sometimes even in the same line of work. You may be required to sign a non-compete clause before being hired in some situations. If your employer is accusing you of violating a non-compete clause, there are steps you can take to protect yourself. You should also educate yourself before signing one in the first place.Understand the Law Regarding Non-Compete ClausesBefore you agree to be bound by the rules of a non-compete clause, read it very carefully. The clause may severely restrict your own ability to earn a living if you ever leave your employer or even if you just want to do some work on the side. Employment law judges typically are not very fond of non-compete clauses due to their ability to prevent people from earning a decent living. Most judges require that employers write the non-compete clause so that it expires after a short duration. They may also ask the employer to limit the geographic region where the employee is not allowed to compete.Contesting the Non-Compete ClauseIf you wish to dispute the allegations of your employer that you have violated a non-compete clause, you should contact a lawyer for assistance. Together with your lawyer, look over the original paperwork that your employer asked you to sign. Were you directly compensated for signing the agreement? Was it written with such broad language that it could not be easily understood? Either of these situations may render the non-compete clause invalid.Filing a Complaint Against Your EmployerIf your attorney determines the non-compete clause to be invalid, he or she may advise you to file a complaint against your employer and take your case to state court. Before your court date, your lawyer will help you to gather enough evidence to prove that you should not be held to the standards of the non-compete clause you signed. You may then wish to file a lawsuit to recover money you may have lost due to the inability to compete with your employer for business.
It does depend upon the state where you worked, where your employer was located and what law the non-compete says is to be applied. Some states are more favorable to non-competes than others.
Trade disputes is the recent unsolved problem between employer and employees or between employer and another employer or between employee and employee while the dispute is concerned with employment or non-employment or the working condition at the work place of a person.
Trade disputes is the recent unsolved problem between employer and employees or between employer and another employer or between employee and employee while the dispute is concerned with employment or non-employment or the working condition at the work place of a person.
maybe
can you compete if you have not signed a non compete agreement
The only "legal reason" is if that employee had signed an "non compete" agreement.
I am interpreting this question as "can an exempt employee do 'off-the-clock' work for their primary employer? The answer to that is no. If an exempt employee is doing required work for the organization, it doesn't matter what time of day or night, or what day of the week that the work is being done. They are always considered an employee while performing a project or function for their employer company. The employee can, however, volunteer for an organization (non-profit for example) as part of their community service a group of co-workers from their regular employer. They would not be considered working in that case because it is not required and the employer simply supported the service activity. For instance, the employee joins a Habitat for Humanity volunteer team with others from their organization and they get hurt on the jobsite. This is not a workers comp claim because it was not a work activity. All work is done at the risk of the individual volunteer. If you are asking if an employee can work on an employer's site, on a non-work related project, and on a project that is not required... the issue is whether or not your employer is willing to allow you to use their office and resources for your project.
Companies do this to prevent an employee from leaving the company and using the contacts and experience from working at the company to start a company in a similar profession. This helps prevent the company from incurring a loss in income due to training an employee who then goes off on their own to compete with the company.
Yes. It is a tax deduction for the employer. Non taxable to the employee. Guaranteed Issue. Makes for happier employees and more productive too.