The European Commission fined Telefonica and Portugal Telecom about pound 66.9 million and pound 12.3 million for including the non-compete clause
. It considered the clause as a market sharing agreement that would exclude or limit competition on each other's home markets (Spain and Portugal).
Is a new employer liable for having hired an appraiser obligated under a non-compete clause
? Potentially, yes.
Finding out whether a non-compete clause
is enforceable generally involves at least lawyers and often the courts, which becomes an expensive proposition.
To create an enforceable non-compete clause
, an employer must typically meet the following three requirements: (1) the employer has a valid interest to protect; (2) the time limit is reasonable; and (3) the scope of the agreement is not overly broad.
Former employers count up the clients or trade secrets they may lose to a competitor, new employers worry about their liability for hiring the employee and lawyers huddle over the non-compete clause
in the employee's contract, trying to decide whether it's valid and how long it lasts.
A NON-COMPETE CLAUSE
is an anti-competition clause that limits when or where you can work after terminating your employment with your current employer.
New rulings in various state courts and the passage of the Federal Business Trade Secrets Act, says Album, expand the constraint that a non-compete clause
can hold over your future employment with other firms.
It's still a complex world out there and you're still going to need us to apply these simple rules on your behalf the next time you're in a jam, for example if one of your competitors hires away your best employee despite a non-compete clause
If a non-compete provision is included, the contract should expressly authorize the individual to otherwise perform services for others and to offer her services to the general public, subject to the limitations imposed by the non-compete clause
Kamene Goro and Andrew Kibe have been sued by NRG Radio over a non-compete clause
in their contracts, according to court documents.
For the markets for Areva NP's core products and services (nuclear islands, nuclear services and nuclear fuel assemblies), the Commission finds that the non-compete clause
is excessive because it prevents Siemens from competing on these markets for a period of more than three years following Areva's acquisition of Areva NP.