☐ The at-will employee: In Delaware, unlike some other states, continued employment of an at-will employee in exchange for a covenant not to compete with the employer constitutes adequate consideration.
As previously reported (here and here), some Delaware courts have recently declined to “blue pencil,” i.e., modify and narrow overbroad restrictive covenants. Instead, they have stricken in their entirety covenants deemed overbroad and declined to enforce them. On December 10, 2024, in Sunder Energy, LLC v.
Contractual covenants not to compete, or “noncompetes,” restrict “a man's natural right to follow any trade or profession anywhere he pleases and in any lawful manner.” Delaware courts “frown on or disfavor restrictive covenants,” particularly in employment contracts, but such provisions have historically been enforced ...
A noncompete is unenforceable if it restricts an employee's ability to exercise their rights under federal law. No employer may enter into a covenant not to compete or a covenant not to solicit with any employee. Existing noncompetes are void and unenforceable, including out-of-state noncompetes.
Globally, non-compete agreements vary significantly in terms of enforceability, scope, and legal framework. While they are a common practice in many countries, the extent to which they are recognized and enforced can differ.
Contractual covenants not to compete, or “noncompetes,” restrict “a man's natural right to follow any trade or profession anywhere he pleases and in any lawful manner.” Delaware courts “frown on or disfavor restrictive covenants,” particularly in employment contracts, but such provisions have historically been enforced ...
As of January 1, 2024, the restriction on non-compete clauses applies to employees earning $154,200 or less and to medical specialists earning $257,000 or less.
Showing that the agreement is not related to a legitimate business interest is the most effective way of getting out of a non-compete contract. The goal of any non-compete agreement is to protect trade secrets.
You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.
Add information about the parties involved. Describe the terms of the Non-Compete Agreement, such as the length and area of the restriction. If necessary, you can include a non-solicitation clause. Add a confidentiality clause.