Idaho Noncompete Letter to Departing Employee
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How to fill out Noncompete Letter To Departing Employee?
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FAQ
Idaho law states that if a non-compete is unreasonable in any respect, a court must modify the agreement to reflect the intent of the parties and render the agreement reasonable and enforceable.
The Idaho non-compete statute remains in force unchanged today, although it was briefly amended in 2016 to add a paragraph establishing a rebuttable presumption of irreparable harm upon breach of a non-compete agreement.
Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer's business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer's business.
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
Assuming an employee meets the definition of a key employee, an Idaho court will enforce a non-compete obligation as long as it is reasonable in terms of duration, geographic scope, and scope of restricted activities.
No matter what's in your contract, your old employer can't stop you taking a new job unless it could lose them money. For example if you might: take customers to your new employer when you leave. start a competing business in the same local area.
The APLBI also sets forth several important presumptions: First, a non-compete agreement's duration of 18 months or less is presumed to be reasonable.
Idaho law states that if a non-compete is unreasonable in any respect, a court must modify the agreement to reflect the intent of the parties and render the agreement reasonable and enforceable. (This type of modifying is called blue-penciling.)
