Lewis Tillmann Law Offices


Attorney and Counselor at Law


Non-Compete Agreements


A "non-compete" agreement is usually between an employer and an employee, (sometimes it could also involve independent contractors). Such agreement usually contains the promise by the employee not to engage in a similar profession or trade in competition against the employer. 

In order to make Non-Compete Agreements enforceable, they have to be limited geographically and by time duration. The agreement needs to reflect some kind of business need of the employer seeking protection under the non-compete agreement.  However, there are no hard and fast rules other than that an agreement should be balanced

- giving reasonable protection to the employers based upon its needs, and

- taking the situation and circumstances of the employee in consideration.

 

Because courts use the standard of "reasonableness" to decide whether to uphold a non-compete agreement, legal disputes are not uncommon and the various viewpoints of what competes and what does not often differs widely.