17. Our company was acquired by another company, and we are now told that we are subject to non-compete agreements. Can the new employer enforce the agreement against us? If it turns out that a non-competition agreement is appropriate, it may nevertheless be considered unenforceable for other reasons. If a member. B of the staff was deceived when signing the contract, it can be invalidated. Being cheated when signing the contract may have happened because the employer verbally promised you something in exchange for signing and never kept its promise. If something is ever promised to you by an employer, make sure you are trying to get it in writing. Send an email to the employer for a written confirmation or explanation of the promise. Save the email in case you need it. Idaho: part of I.C No.
44-2701, and repealed in 2018; in particular, the statute no longer contains a rebuttable presumption of irreparable harm caused by the loss of significant workers; the employer must find irreparable harm to all former workers in order to obtain a cease and desecondance action in the event of a breach of a non-competition agreement. The best thing would be to have no non-competition at all. Otherwise, you should try to limit this situation as much as possible in the geographical area and in the long term. Limit it strictly to the area where the employer really cares about your work – not to the entire industry or the entire circle of work. You may, for example, ask yourself that the restriction on the clothing retail sector lies when you work in a clothing store, unlike retail in general, which would cover a very wide range of possible jobs that really have nothing to do with each other. The objective is to limit the agreement to what is necessary to protect the employer. You should also consider seeking severance pay in the event of involuntary termination. New Mexico: N.M.S.A. 24 1I-1 and 24 1I-2 prohibit non-competition bans with physicians and nurse practitioners; they also prohibit the choice of forum and legal clauses in contracts with doctors and nurses. As noted in the previous question, the length of time considered appropriate is generally analyzed in conjunction with the other factors.
For example, if the non-competition agreement is used to protect valuable information, the appropriate duration is the length of time the information has value.
