Are non competes enforceable across state lines?

Typically, the court will enforce a non-compete as long as it is reasonable in its time limit, geography, and the scope of activity restricted. The court will determine what exactly constitutes reasonableness on a case by case basis. Additionally, the agreement has to be a valid employment agreement.

Are non-compete agreements enforceable in Maryland?

Under Maryland’s NCICA, a conflict of interest or non-compete clause is not enforceable for employees who earn an amount equal to or less than $31,200 annually or $15.00 per hour. Valid non-compete clauses specify a length of time and/or distance the employee is prohibited from working for a competing company.

Are non compete clauses valid in California?

Non Compete Agreements FAQ In California, agreements that prevent an employee from competing against a former employer are generally unenforceable. The California Business and Professions Code treats such noncompete agreements as against public policy and void.

Does California enforce non-compete agreements?

California’s Treatment of Non-Compete Agreements Generally, non-compete agreements are not enforceable in California, and if an employee refuses to sign a non-compete agreement, the employer may not terminate the employee.

Can my employer enforce a non-compete?

In short, California law prohibits employers from enforcing restrictive covenants against employees, particularly covenants that take the form of a noncompete agreement.

How long do non-compete agreements last in Maryland?

two years
As a general rule, Maryland courts have consistently upheld non-compete agreements that lasted up to two years after an employee’s departure from the company.

How long is a non-compete agreement valid in California?

As for the time of the non compete, courts become hostile if the period is greater than five years but are seldom going to object to a period of three years. Such clauses are routinely enforced in California and the courts often grant injunctions prohibiting a past owner from seeking to violate that clause.

How do you get around a non-compete agreement in California?

This lead some employers to try to get around California law by designating that the agreement is subject to a law in a state where non-compete agreements are routinely upheld.

Can my employer make me sign a non-compete agreement?

If your employer is requiring that you sign a non-compete agreement or is trying to enforce an agreement that you signed, the attorneys at Lebau & Neuworth may be able to help. We are experienced in dealing with non-compete agreements and other employment related contracts such as these.

The court first determined that the scope of the non-compete was unenforceable because the language of the agreement would “restrict [the employee’s] ability to engage directly or indirectly in any type of engineering, consulting or general construction business anywhere within Maryland or for that matter, the world.”

What is the difference between a non-compete and non-solicit agreement?

Similar to a non-compete clause, non-solicit agreements are contracts between an employer and an employee in which the employee agrees that she will not solicit customers or clients of the employer after she resigns or is terminated from her current position.