Non-Compete Agreements

Washington D.C. Employment Law Firm: Non-Compete Agreements

Very often, an employee (or an independent contractor) who enters into an employment contract will see a non-compete provision in that contract.  Basically, the non-compete provision says that, for a specified time after finishing employment with the current employer, the former employee cannot work within a certain radius of the employer.

These provisions can be found in many industries (doctors, dentists, consultants, computer engineers, etc.) and are designed to protect the employer, not the employee.  Such provisions also often include penalty clauses against the employee.  The employee who signs a non-compete provision must be very careful to make sure his or her employment rights are protected because such provisions can have very detrimental consequences. 

Even if an employee signs a non-compete provision, it may be possible to challenge the non-compete provision – with the help of a skilled employment attorney. 

In determining whether a non-compete provision will be enforced, courts consider the reasonableness of the provision and the question of whether the provision was really necessary to protect the employer.  Key factors in this analysis are the time and geographic restraints in the non-compete provisions, as well as the particular industry at issue.  Everything depends on the facts of each case.

While it is possible to challenge some non-compete provisions, it is important to try to negotiate these provisions before signing an employment contract.  There is frequently a fair balance to be struck between protecting the employee and the employer, which would satisfy both parties.  An experienced employment lawyer can be indispensable in consummating a fair employment agreement.

Contact Washington DC Employment Lawyer to Negotiate or Dispute a Non-Compete Agreement

Employment attorneys at BK Law will help you negotiate a non-compete agreement, resolve a dispute over the non-compete agreement, and enforce your employee rights.  Contact us today.