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Generally in virtually every state in the United States they are enforceable. However, they have to be reasonably drafted to protect the interests of the employer. So when I say interest of the employer, I mean a protectable interest. That is they cannot be overroad to the point where the employer is getting more than they bargain for and prohibit an employee or someone who leaves their employment from seeking to continue their livelihood. So in order to make a non-compete enforceable there are three
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terms that need to be included. First there needs to be a geographic scope. That is the distance from the employer where you worked. It’s not impermissible unless you are international company and under very limited circumstances for a non-compete to to cover the entire United States. Secondly, there has to be a temporal scope or restriction. So you can’t have a non-compete be indefinite. Usually on in like for example in Maryland two years is a reasonable time scope for a non-compete to be in effect
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to prevent you from competing with the employer. And thirdly you have to have what competition is defined. So just because you worked for a specific employer doing a certain task doesn’t mean you couldn’t work for a competitor doing an entirely different task or job responsibility. It’s only if you are competing that that restriction would be in place. If you have any concerns about signing away your rights to pursue your chosen livelihood or career, um I would encourage you to speak with a lawyer so
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that you can understand what your rights are based on the jurisdiction that you’re working in. And you can certainly reach out to Eric Seagull Law. We’d be happy to set up a consultation.
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