This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
Maine Complaint for Injunction - Covenant not to compete
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Multi-State
Control #:
US-CMP-10058
Format:
Word;
Rich Text
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How to fill out Complaint For Injunction - Covenant Not To Compete?
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FAQ
California law bars covenants not to compete in nearly all circumstances.
Specificity: A non-compete agreement must be specific about the activities it prohibits. Additionally, the covenant must clearly articulate what activities are considered competing and those activities must be substantially similar or related to the work the employee performed for the employer.
Noncompete agreements are contrary to public policy and are enforceable only to the extent that they are reasonable and are no broader than necessary to protect one or more of the following legitimate business interests of the employer: A.
California law bars covenants not to compete in nearly all circumstances. In Edwards v. Arthur Anderson, the California Supreme Court determined that the law should be read strictly, and not only void the ?unreasonable? noncompete clause, but all noncompete clauses other than those explicitly allowed in the code.
Covenants not to compete are frequently enforced where the former employer's "confidential information" may be used or disclosed unless the employee is restrained from competing.
The agreement is not enforceable because the time period it covers is too long. The period considered reasonable varies by state but typically ranges from 6 months to two years. Longer agreements will likely be found invalid. The territory covered by the agreement is too large.
California: In California, non-compete agreements are prohibited by law (Cal. Bus. & Prof. Code § 16600), and employers cannot require employees or applicants to agree in writing to any term or condition known to be prohibited by law (Cal.