Does my employer have to pay me extra money in exchange for a non-compete clause? The employer who wants a non-competition clause may, in some cases, pay what is called a “consideration”: an additional compensation in exchange for the agreement of the worker or the seller or any other non-monetary benefit, such as for example. B a change in professional obligations or responsibilities. However, the need to do so may depend on the law of your state. Typically, your employer does not have to give you additional financial compensation, but this can have consequences if the employer tries to enforce the agreement. Some states require the payment of consideration, while others see it only as an important factor that courts must consider when deciding whether to enforce the agreement. Or, if you have acquired certain confidential knowledge that you would inevitably use for your new employer in the course of work, a court may consider it a legitimate reason to maintain a non-competition clause. In a New York case against sandwich chain Jimmy Johns, the court ruled that the company`s non-compete clause, which prevents employees from working in a similar industry that has primarily worked with sandwiches for two years, was invalid. In response to this case, there is currently a law that would prohibit the use of non-compete rules for employees who earn less than 15 $US per hour (US$31,200 per year) or the minimum wage in force in the worker`s community. Go on and over again to determine the status of this legislation. 24.
I am in the process of negotiating a non-competition clause. Are there certain things I should ask? 16. We all have prohibitions on competition at work, but the company has never imposed them when someone leaves. Does that mean I can ignore it? You can work around this by inserting a no-severance clause in your termination contract. This clause requires one party not to say anything wrong with the other party. Since the employer`s lawyer is the one who sets the severance pay, the no-pay clause is often drafted in such a way that it only limits you, the employee, and not your former employer. However, a no-talk rule can work both ways if you and your former employer agree not to say anything bad about the other. In most states, the answer is yes. Most States offer a mechanism for testing the applicability of a treaty.
This mechanism is called a finding judgment. Depending on the availability of this remedy in your state and the tactics involved in each situation, it may be helpful for the employee to bring an action for a finding asking the court to determine whether the agreement is enforceable. There are many practical and tactical considerations in deciding whether, as an employee, you should bring a finding action to challenge a non-compete obligation. There is no uniform answer to this problem. In addition, the employer can assert any actual damages or losses it invokes because the worker resigned in violation of the obligation not to compete, which could include loss of customer earnings, loss of secret employer information, and other similar losses. . . .