Noncompete and Nonsolicitation Terms in Employment
Restrictions concerning the employee's ability to compete with the employer after separation are a common feature of both written employment agreements and employment-at-will arrangements. Whether or not you're operating under a written contract of employment, you're almost certainly covered by noncompete terms, nonsolicitation agreements and nondisclosure or trade secrets commitments.
At the Law Offices of John E. Carpenter, we help employees at will and professional or executive employees understand noncompete agreements and other restrictions at every stage of the employment relationship. Contact us in Washington for the advice of an experienced lawyer.
Questions about noncompete agreements? Call (202) 887-5445 in D.C.
Simply put, a noncompete agreement is a restriction on the ability of an employee to pursue similar employment elsewhere after leaving the employer's company. These will usually be enforced by a court if the restrictions are reasonably limited in time and geographical terms.
Similar restrictions as to the ability of a former employee to solicit the employer's customers or use the employer's proprietary information and processes are also common features of employment agreements, as well as the human resources documentation that people often sign in the first days of a new job.
Problems as to noncompete and nonsolicitation terms can arise when the employee resigns to work for a local competitor or approaches a former employer's customer to make a new sale. It's a good idea to review your legal rights and responsibilities with an employment law attorney in order to avoid the risk of liability to your old company.
If you're negotiating employment agreement terms with a new employer, we can explain the effect of noncompete terms. If you're negotiating severance from a current employer, we can take a hard look at your contract's restrictive language so that you can get a clear understanding of your permissible options upon departure.
It's possible that overly restrictive noncompete terms will be unenforceable and safely ignored. More realistically, we can negotiate your severance to achieve a waiver of restrictions so that you can pursue your career elsewhere.
Violating a noncompete agreement can lead to litigation
Sometimes a former employer will file a lawsuit alleging violations of a noncompete or nondisclosure agreement. We can advise you about the strengths and weaknesses of your position, and even look for counterclaims against the former employer. These situations can be especially complicated when the departing employee was also a partner or equity member of a closely held corporation or professional practice group.
At the Law Offices of John E. Carpenter, we advise and represent employees and former employees in the District of Columbia and suburban Maryland. For straight answers to your questions about noncompete agreements and other employment restrictions, contact our office in Washington.
