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. This gives the company greater freedom to withhold wage increases. Non-competition bans are “a way for employers to take the power to remove commitments made by employees.” When an employer and a worker have entered into both a non-competitive agreement and compensation in the employment contract or confidentiality agreement, and the employer has not paid that compensation for three months after the termination or expiry of the employment contract for reasons of its own and the worker asks for the termination of the competition contract , the People`s Court supports this request. There is also a strong argument that a worker dismissed for refusing to sign an unreasonable contract so as not to compete may be entitled to relief of charges against the employer in violation of that public policy. The results of these public policy claims vary from state to state. 18. What happens to me if I violate the non-compete agreement by letting my employer work in the same sector? In the case of the sale of a business, it is typical for a buyer to accept in a sales contract the requirement that the seller not perform the same type of business in a specific geographic area for a certain period of time.

Whether or not these types of non-competition are applicable and to what extent the courts will apply them varies considerably from state to state. If the employer asks for the termination of the competition contract during the non-competition period, the People`s Court supports this petition.