About 30 million workers--including those in low-paid jobs like sandwich maker--have
noncompete clauses "and that number is growing fast," said Orly Lobel, a professor of employment and labor law at the University of San Diego School of Law.
Noncompete provisions typically limit a doctor from practicing around a certain radius for 1-5 years, but some employers may try to enforce longer time periods.
If a
noncompete is unavoidable, ask yourself, 'If I were to leave this practice, what are the restrictions I could live with?
4) Courts routinely apply this "reasonableness" test when considering the enforceability of
noncompete agreements governing virtually every employee and professional in the United States, including doctors, dentists, veterinarians, corporate executives, and, until the 1960s, lawyers.
DISFAVOR OF
NONCOMPETE SERVITUDES IN COMMERCIAL LEASES
Years ago,
noncompete agreements were typically limited to high-skilled jobs that required "intense knowledge and high pay," Lobel said.
The retailer signs
noncompetes with senior executives.
On the other hand, employees should understand their rights and what to watch for when asked to sign a
noncompete agreement.
Recent changes to the financial reporting of acquisitions and combinations may affect how tax practitioners treat these
noncompete arrangements, with potentially significant ramifications for both owner and purchaser.
Like most states, (1) Florida does recognize the enforcement of
noncompete and nonsolicitation agreements by employers against former employees.
Some courts will routinely enjoin the departing employee from competing with the old employer simply because he or she signed a
noncompete, without worrying much about the employer's legitimate interest.
State courts have been tinkering with the doctrine, a number of legislatures have considered or passed
noncompete statutes, and the ALI is drafting
noncompete provisions as part of its Restatement (Third) of Employment Law.
