NON-COMPETITION. For the duration of this Agreement and for [the period after the Employer`s relationship with the Employee has been severed for any reason, the Employee shall not work as an employee, officer, director, partner, advisor, agent, owner or collaborate with a competing company in any other function. This means that the employee cannot perform work for [type of business] in [geographic area]. Non-compete clauses are popular in the media and information and technology sector, as well as in the world of manufacturing, finance and business. Traditionally, these agreements have been made for high-level employees and specific knowledge of your company. More and more companies are using them for a larger part of their employees. Often, new employees must sign one to secure the position. These elements include a reason for establishing the agreement, a given date indicating the initial period of the agreement, data indicating the date on which the employee is excluded from working with direct competitors, as well as the place indicated in the agreement and the remuneration to be paid to the employee for giving consent to the terms. Duration, scope and geography are therefore the three essential elements of a non-competition clause.
Soliciting is the act of recruiting either former employees of the company or their customers to be used after departure. This is usually limited in the employment contract, but should also be included in any non-competition clause. This protects the company from losing its customers, as a trusted employee most likely has access to all of their information. Competition: the employer can determine who its competitors are. Damages: If the worker does not comply with the non-competition clause, the employer can claim damages for the infringement. The non-competition clause may contain this clause. (a) salvatorial clause. Where one or more of the provisions of this Addendum are found to be non-compliant with the law, including, but not limited to, the obligation not to compete in Section 2, the remaining provisions shall remain in full force and effect. For the United States, the legal status of a non-compete clause depends on the jurisdiction of the state. . .