Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.
Alaska Employee Restrictive Covenants
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FAQ
If the employer terminated him simply to save money or for another reason unrelated to the employee's job performance, the employer is most likely not entitled to enforce the restrictive covenants.
The most common types of post-employment restrictive covenants include non-competition clauses and restrictions prohibiting the solicitation of customers/ clients and employees, each of which are in effect both during the employment relationship and for defined period thereafter (e.g. six months).
Alaska remains an at-will-employment state. This means, absent a contract to the contrary, and unless the employee can successfully assert a common law or statutory claim (such as under a discrimination or retaliation statute), an employer is free to terminate an employee's employment for any reason or no reason.
Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...
Yes, a non-compete is legal in Alaska to protect trade secrets by reasonable means (AS 45.50. 920).
Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...
Alternatively, one could record a termination of covenant, if both parties to the original covenant?or their successors?agree to the termination. Covenants can also be terminated by courts, upon a showing of illegality, abandonment, or even changed circumstances (i.e., inequitable to continue enforcing said covenant).
Enter the restrictive covenant ? a widely used contractual clause in the U.S. which restricts a terminating employee from engaging in various competitive activities for a defined, post-employment period.
