Indiana Sample Noncompete and Confidentiality Clauses

State:
Multi-State
Control #:
US-AHI-053
Format:
Word; 
Rich Text
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Description

This form contains samples of non-compete and confidentiality clauses. These clauses can be included in the employees paperwork.

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FAQ

Indiana courts will not enforce a non-compete unless its restrictions are reasonable in scope as to time, activity, and geographic area restricted. Depending on the language of your non-compete agreement, you may be able to challenge the reasonableness of the terms.

Non-competition clause examples include: Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach.

Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.

Generally, Indiana courts don't look favorably on non-compete contracts. The employer has the burden of proof, meaning they must show the court that the agreement is enforceable. The court may find a contract to be completely void or may hold both parties to a modified version.

compete agreement is a legal agreement or clause in a contract specifying that an employee must not enter into competition with an employer after the employment period is over.

In general, Indiana courts disfavor non-compete agreements because they can be seen as a restraint on trade. However, non-compete agreements meeting a two-prong test can be, and often are, enforceable.

Here are five ways to beat a non-compete agreement.Prove your employer is in breach of contract.Prove there is no legitimate interest to enforce the non-compete agreement.Prove the agreement is not for a reasonable amount of time.Prove that the confidential information you had access to isn't special.More items...

Indiana courts have long held that non-compete covenants in employment contracts are generally disfavored by the law, and as such, must be carefully scrutinized before enforced.

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Indiana Sample Noncompete and Confidentiality Clauses