This agreement contains a restrictive covenant. Restrictions to prevent competition by a former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area. For example, suppose a company only operated within a certain city, and the covenant not to compete provided that an employee of the company could not solicit business in the city or within 100 miles of the city if he ever left the employ of the company. Such an agreement would be unreasonable as to its geographical area. The company had no need to be protected regarding such a large geographical area.
Employment Exclusive Contract Without Start Date
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FAQ
Exclusivity Clause Defined Exclusivity clauses, also called non-compete provisions, prevent one party from soliciting offers or negotiating with a third party within a specific period. They are often located within a confidentiality agreement. Speak with lawyers if you need an alternative to exclusivity clauses.
An exclusivity period is a length of time (usually 30 to 60 days) during which a seller is prohibited from carrying out or furthering activities that relate to the sale of a firm with parties other than the prospective buyer with whom they have signed a letter of intent.
An exclusivity provision defines a length of time, typically 1-2 months, where a seller cannot deal with any party other than the prospective buyer regarding the sale of the business.
If an employer wants to withdraw a job offer because an employee cannot start on a certain date, as originally planned, they cannot do this without breaching the contract unless the date was an agreed term and condition of the employee's employment, not just a suggested start date.
The duration of an exclusivity clause depends on what is written in the contract. It can be as short as a few months or as long as several years. Most do not extend beyond 5-10 years, but it depends on the parties involved.