{"id":1941,"date":"2014-10-29T09:35:40","date_gmt":"2014-10-29T13:35:40","guid":{"rendered":"http:\/\/gtm.com\/business\/?p=1941"},"modified":"2024-08-30T11:29:41","modified_gmt":"2024-08-30T15:29:41","slug":"non-compete-agreements-company-one","status":"publish","type":"post","link":"https:\/\/gtm.com\/business\/non-compete-agreements-company-one\/","title":{"rendered":"Non-Compete Agreements: Should Your Company Have One?"},"content":{"rendered":"<p>A <a href=\"http:\/\/www.forbes.com\/sites\/clareoconnor\/2014\/10\/15\/does-jimmy-johns-non-compete-clause-for-sandwich-makers-have-legal-legs\/\" target=\"_blank\" rel=\"noopener noreferrer\">recent news story<\/a> discussed a sandwich restaurant chain requiring its workers to sign non-compete agreements, which essentially state that if a worker leaves, they cannot get a new job at another sandwich restaurant chain within 3 miles of the restaurant for two years. Members of Congress are now asking the Department of Labor\u00a0 and the Federal Trade Commission to investigate this policy.<\/p>\n<p>While this example seems to be pushing the envelope for non-compete agreements, employers should remember that all employees will discover and learn aspects about their jobs and about your company that may become a particularly sensitive issue when an employee leaves the company. While depending on state laws, employers can add a certain amount of protection through the use of properly written non-compete agreements.<\/p>\n<p>It is generally understood that a former employee may eventually be in a new job position that could be in competition with the former employer. For example, an electrician may not necessarily prevent a former apprentice from opening up his or her own business in the same neighborhood. However, an employer may restrict the former employee from entering into a certain scope of competition through a covenant not to compete. Since specific restrictions and steps can apply, such agreements and covenants should be reviewed by an attorney.<\/p>\n<p>In determining whether or not entering a non-compete arrangement makes sense for your business, the agreement should:<\/p>\n<ul>\n<li>Be crucial to protect the interests and survival of the business.<\/li>\n<li>Not limit the employee in a manner that goes beyond what is reasonable to protect your business interests. (<span style=\"text-decoration: underline;\">Example<\/span>: If your CPA firm focuses on clients in Arizona, then restricting the former employee from practicing in Florida would be deemed unreasonable.)<\/li>\n<li>Not subject the public with a loss of access to the former\u2019s employee\u2019s service or skill.<\/li>\n<li>Be a legitimate binding contract such that the former employee receives something in return by signing such an agreement (i.e. monetary compensation).<\/li>\n<\/ul>\n<p>For more information, <a href=\"\/business\/contact-gtm\/\" target=\"_blank\" rel=\"noopener noreferrer\">contact<\/a> the HR professionals at GTM at (518) 373-4111.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A recent news story discussed a sandwich restaurant chain requiring its workers to sign non-compete agreements, which essentially state that if a worker leaves, they cannot get a new job at another sandwich restaurant chain within 3 miles of the restaurant for two years. Members of Congress are now asking the Department of Labor\u00a0 and [&hellip;]<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[266],"tags":[11,5,18,25,19,10],"post_folder":[],"class_list":["post-1941","post","type-post","status-publish","format-standard","hentry","category-consulting-services","tag-business-payroll","tag-department-of-labor","tag-employer-policies","tag-hiring","tag-human-resources","tag-small-business"],"_links":{"self":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/1941","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/comments?post=1941"}],"version-history":[{"count":1,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/1941\/revisions"}],"predecessor-version":[{"id":8846,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/posts\/1941\/revisions\/8846"}],"wp:attachment":[{"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/media?parent=1941"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/categories?post=1941"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/tags?post=1941"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/gtm.com\/business\/wp-json\/wp\/v2\/post_folder?post=1941"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}