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Does a non compete hold up in court?

A NonCompete Clause or NonCompete Agreement (NCA) is a legally binding contract whereby the employee agrees not to work with a rival company or start a similar trade or profession for a specified period of time after leaving his current employer.

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Similarly, do non competes stand up in court?

A noncompete agreement will only be enforceable if it can be shown to be supplemental to another enforceable contract. Most states recognize two such instances.

Additionally, how often are non competes enforced? The enforceability of any noncompete usually depends on what state you are in. Depending on the nature of the business relationship, most noncompetes with temporal terms of less than two years will be considered reasonable.

Moreover, how do you get around a non compete?

Typically, the only way to fight a noncompete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the noncompete agreement.

What happens when you violate a non compete?

The simple answer is that if you violate a noncompete agreement that is legally valid and enforceable under state law you may end up having to pay money to your former employer. In addition, the employer can also file a lawsuit against you for both money damages and an injunction.

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