There are many things that can happen in the course of doing business. Something many will see is something called a non compete agreement. An NCA is standard in many industries. But what are they? If asked to sign one, should you do so without a second thought? In this article, we go over the basics of non-compete agreements and what you should know before signing.
What Does A Non-Compete Say?
A non-compete agreement is basically a contract between an employer and an employee. It will state that an employee must not engage with business outside of the employer, especially when it's in direct competition with their company. However, non-competes are not required for you to be an employee. Your employer may choose not to hire you, renegotiate your terms of employment, or can even terminate you for not signing. In general, courts do not approve of non-compete agreements. It puts the employee in a difficult situation in most cases. That is why it's imperative to discuss a non-compete with an attorney to ensure interests are protected.
What Constitutes a Reasonable Non-Compete Agreement?
Many factors will go into determining whether or not a non-compete is reasonable. Though it may vary from person to person and the situation, there are a few factors that remain the same. For instance, does the employer have a legitimate interest regarding the non-compete? Are there any geographic location restrictions that may make it difficult for you to earn a living? How long does the non-compete last?
Will the agreement stop you from doing the work you have an extensive background in? Many of these questions will need to be answered in order to ascertain whether or not a non-compete is right for you. If you are having difficulties determining whether or not you can sign it and feel good, consult with your attorney. It is vital that with any legal instrument you sign, you have a full understanding of what it says and what you exactly agree to.
Should You Contact An Attorney?
Though you may not have a choice in the matter, it will pay to have an entertainment lawyer review the agreement to ensure your rights are protected. With so much that can go wrong and so much that can limit your ability to work should you walk away, it is essential you have the documents looked at by an experienced legal professional. It is always best to speak to your counsel before signing any legal documents. It is merely in your own best interest to do so.