The employee desires to be employed by the company in a capacity in which he/she may receive, contribute, or develop confidential and proprietary information. Such information is important to the future of the company and the company expects the employee to keep secret such proprietary and confidential information and not to compete with the company during his/her employment and for a reasonable period after employment.
Iowa Employee Confidentiality and Unfair Competition - Noncompetition - Agreement
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Multi-State
Control #:
US-00046
Format:
Word;
Rich Text
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How to fill out Employee Confidentiality And Unfair Competition - Noncompetition - Agreement?
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FAQ
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
Non-compete agreements are typically considered enforceable if they: Have reasonable time restrictions (generally less than one year) Are limited to a certain geographic area (specific cities or counties, rather than entire states)
Stuck in A Non-Compete Agreement and Looking for a Way Out? Top 5 Ways to Get Out of your Agreement for GoodProve Breach of Contract by Your Employer.Prove Lack of Interest to Enforce.Contract is Unreasonably Long.What the Company Claims is Proprietary or Confidential is Widely Available.More items...?
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
Commonly, Iowa has found one to three years is reasonable in length often depending on the employee's length of employment with your company.
Iowa non-compete agreements are generally enforceable if they are found necessary to protect an employer's business', not unreasonably restrictive and are not prejudicial to public interest.
Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.
In general, the state of Iowa has found that non-compete agreements are enforceable as long as they meet the criteria above and are not too broadly written that they will not hold up in court.
If your non-compete agreement is a validly-executed agreement with a reasonable scope, it is not likely to get out of the agreement. It may only be possible to get out of a non-compete agreement if: The agreement was not validly executed such as if you signed under coercion, duress, or without knowledge of its terms.
You may be able to buy your way out of the non-compete. Franchisees, for example, occasionally buy their way out of non-competes by paying the franchisor the present value of royalties that would be due if the franchisee continued operating through the duration of the non-compete.