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Sample Noncompetition Agreement between The MarketLink Group...

Kentucky Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.

Name: Kentucky Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.
Brand: US Legal Forms
Rating: 4.63 (385 reviews)

Category:

Corporations - Agreements

State:

Multi-State

Control #:

US-C-12-2315

Format:

Instant download

Description

This is a non-competition agreement between a company and a corporation. The company agrees not to use divulge, furnish or make accessible to any third person or organization any confidential or proprietary information pertaining to the formation and business plans of the company and the transactions contemplated in connection therewith, or confidential or proprietary information concerning the company or its business or operations which information is not in the public domain, and which information is developed by or comes into possession of the company.

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FAQ

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

A traditional non-compete stops an employee from working for a competitor in a certain geographical area for a certain amount of time after leaving the company. A non-solicitation agreement prevents an employee from poaching customers, contracts or other employees from the company that first hired them.

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

Escaping Nonsolicitation AgreementsDon't sign.Build your book independently.Carve out pre-existing relationships.Require for cause termination as the trigger.Provide for a payoff.Turn clients into friends.Don't treat clients as trade secrets.Invest in your own business.

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

Existing employment relationship with no new consideration In 2014, the Kentucky Supreme Court made it clear that when an employer seeks to impose a non-compete agreement on an existing employee without granting additional consideration, the agreement is not enforceable. The case was called Charles T. Creech, Inc. v.

Key TakeawaysA non-compete agreement legally binds a current or former employee from competing with an employer for some period of time after employment ceases.Under such an agreement, the employee must not reveal any trade secrets learned during employment.More items...

Non-solicitation clauses that are clear, carefully drafted, and suitably retrained in temporal and spatial terms, are often enforceable. An appropriate clause will serve the purpose of protecting the employer without unduly compromising a person's ability to work in their industry.

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.

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The rule, known as “the proposed rule” is intended to prohibit employees from working for multiple companies and organizations. In addition, employers, including unions, are now legally required to make all noncompete/non-solicitent agreements they make with employees available to the Federal Trade Commission. An example of a noncompete agreement that the FTF has opposed would be a contract that prohibits a worker from becoming a part-time employee of another company within 12 months. The FTF has issued a statement (PDF) in reaction to the new rule. The FTF argues that the rule would interfere with employee freedom of choice and prevents employees from getting work due to their abilities such as technical or marketing skills, and being able to make the most of their talents as independent contractors.

Kentucky Sample Noncompetition Agreement between The MarketLink Group, Ltd., and On Site Media, Inc.

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How do you write a non-compete agreement?

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