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Non Compete Agreement Nationwide

As non-competitive agreements become increasingly difficult to implement, employers should consider consulting with a consultant to verify existing employment contracts and define best practices for future competition bans. An evolution of the facts will be necessary to demonstrate the adequacy of the one-year restriction. Given that most insurance policies are renewed in a year, an event that seems to trigger a chance for new business for nationwide, it may be necessary to make the deal for a year in order to prevent the employee from using these opportunities that Nationwide had driven him to grow. Second, the Court found that, while Glacier was to protect a viable commercial interest, the scope of the non-competition agreement had been totally exceeded in the circumstances, with Buffkin prohibiting work in recruitment and placement services anywhere in the United States, while Glacier wished to do business across the country, but not. The court stated that “at present, an employer does not necessarily have a legitimate and protective interest in a geographic region (such as the continental United States) or any market relevant to its products or services, solely because the employer wishes or has a legitimate interest in each of these relevant territories or markets. The court also found that Glacier`s restriction on working in any function for or with a competitor of Glacier in employee recruitment or intermediation was excessive because it: (i) could consider winning any business in the United States; (ii) prevented Buffkin from providing recruitment and intermediation services outside the information technology sector, or even hiring and intermediation services to that company; and (iii) no distinction between the past of glaciers, current customers and former customers. Ala.Code Sec. 8-1-1 (b). Cornutt recognizes that he is an agent within the meaning of this statute, who may accept a non-compete clause with his employer. A bipartisan couple of U.S. senators, Todd Young (R-Ind.) and Chris Murphy (D-Conn.), have just introduced the Workforce Mobility Act of 2019 (the “Act”), a federal law that aims to significantly limit the use of non-compete agreements.


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October 2021
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