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A restrictive covenant will generally be enforceable between the original contracting parties as a matter of contract. There can be situations where this is not so, for example, where: The covenant is too uncertain or ambiguous to be capable of enforcement.
The law, Senate Bill (S) 0342, prohibits employers from requiring employees to sign a nondisclosure or non-disparagement provision ?concerning alleged violations of civil rights or alleged unlawful conduct, or any agreement with a clause that requires alleged violations of civil rights remain confidential.? Under the ...
If a non-compete clause does not exceed three months in duration, existing English law limitations on enforceability will still apply; in other words, the non-compete will be unenforceable unless shown to extend no further than is reasonably necessary to protect the employer's legitimate business interests.
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.
In Rhode Island, non-compete agreements are enforceable. However, there are restrictions and limitations regarding their enforceability.
California law bars covenants not to compete in nearly all circumstances.
A restrictive covenant only designed to restrict competition in itself will not be enforceable. The restriction must also be necessary to protect an employer's confidential information, trade secrets or contacts and to prevent a former employee using these for their own, or a competitor's, unfair advantage against you.
Covenants not to compete are frequently enforced to prevent a former employee from soliciting his or her former customers to buy competing products or services from the new employer.