Wisconsin Noncompete Letter to New Employees

State:
Multi-State
Control #:
US-AHI-054
Format:
Word
Instant download

Description

This AHI form is a non-compete letter to employees. The letter states that once the employee has left the company they may not reside with a competing company for a period of time. If the employee does work for a competitor the employee will have a fee to pay.

How to fill out Noncompete Letter To New Employees?

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FAQ

Legally, you have no obligation to tell your employer where you are going. There is no need to let them know where you will be working if they know where you live.

Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets. Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer.

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.

If you have, the answer is clear: you cannot compete with your employer. A Non-Compete clause or agreement will not restrict all of your activity, however; it will restrict specific competitive activity, usually in a specific geographic area for a specific time.

Defeat Your Non-CompeteThe agreement must be necessary for the protection of the employer or principal;It must provide a reasonable time period;It must cover a reasonable territory;It must not be unreasonable as to the employee; and.It must not be unreasonable as to the general public.

Wisconsin Courts have held that 2 years is a reasonable restriction. Of course, the length of the restriction is dependent on the nature of a company's business.

Wisconsin has a statute, Section 103.465, that addresses non-compete agreements and provides that if the non-compete agreement is reasonably necessary to protect the employer and is reasonable in geographic scope and reasonable in time limitation, it will be enforceable.

If you are subject to a non-compete agreement whose terms appear to be unenforceable under Wisconsin Statute section 103.465, you have the option to renegotiate the terms of the agreement, or ask a court to declare the terms of the non-compete agreement unenforceable.

Yes, but you should be informed when you do. This is important because you want to make sure you alert your new employer to any issues it may face as a result of your current non-compete since those obligations follow you after you leave your current employer.

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Wisconsin Noncompete Letter to New Employees