In most countries, the answer is yes. Most states provide a mechanism to test the applicability of a treaty. This mechanism is called declaratory judgment. Depending on the availability of this remedy in your state and the tactics involved in each situation, it may be helpful for the employee to bring a declaratory judgment action asking the court to decide whether the agreement is binding. There are many practical and tactical considerations in deciding whether, as a collaborator, you should introduce a declaratory judgment action that asks a federation not to compete. There is no consistent response to this problem. Training pointer. The new law codifies many court decisions that have been made over the years and have interpreted Alabama`s law without competition. This gives employers some certainty in the development of non-competition agreements. Given the changes that will come into effect on January 1, 2016, it is time for employers who have non-compete agreements or are considering the application of a non-compete clause to verify what is currently being used or contemplated to ensure compliance with the new law. This is particularly important given the “probable” durations set in different scenarios from 12 months to 2 years. Employers should consider adopting the language described in the new law, as it defines “interests to be protected,” as well as the duration of the various scenarios, as noted above. Now is the time for employers to prepare to change Alabama`s non-competition law.
Non-competition agreements, also known as non-competition or competition restriction agreements, are very common in employment contracts, job applications and business sales contracts. The general objective of these agreements is to limit the ability of workers who sign the agreement to work against the employer in a specific geographical area for a certain period of time. If you sign it, you generally accept that you are not competing with your employer by participating in a similar business, as an employee, independent contractor, owner, owner, major investor and what other forms of competition your employer identifies to cover its base. If you lose your job and are subject to a non-compete agreement, you have two options: (1) find a non-competing job; or (2) take a competing job, take the risk of being sued, call on a lawyer to defend you and argue that the restrictions are inappropriate and impose inappropriate harshness on you. I would like to warn you that some non-competition clauses contain clauses that require you to pay your former employer`s legal fees if you lose, and some contain liquidated compensation clauses that impose an extreme fine. 18. What happens to me if I violate the non-compete agreement by letting my employer work in the same sector? A non-competition agreement is a contract between the employee and the employer. A non-compete clause prohibits a worker from committing a business that competes with the activities of his current employer. While an employer cannot ask you to sign a non-compete clause, they may or may not hire them if you refuse to sign.