回复:请看看这employ agreement,不合理呀

来源: apt 2013-10-10 11:55:34 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (1016 bytes)
回答: 请看看这employ agreement,不合理呀dannya2013-10-10 04:10:52

It depends. Generally, covenant not to compete, like the one you have, may be enforceable if it is reasonable in time and geographic location to protect the employer's interest and not against public policy. Whether 50 mile radius is too much or 5 years is too long to render the whole covenant not enforceable is a matter of fact that must be determined by a judge. for example, if within a 50 mile radius there are a lot of kids who have to travel 50 miles each way to go to the current daycare, then I would say the covenant is not reasonable. In addition, 5 years seems too long.

If the covenant is found not enforceable, then the court may use its blue pencil power to rewrite the covenant to make it enforceable, such as reducing the radius and/or reducing the time.

In some states, such as California, non-compete agreement is illegal and thus void. If your employment is conditioned upon signing such an agreement, then the employer can be sued for fraudulent inducement.

请您先登陆,再发跟帖!

发现Adblock插件

如要继续浏览
请支持本站 请务必在本站关闭/移除任何Adblock

关闭Adblock后 请点击

请参考如何关闭Adblock/Adblock plus

安装Adblock plus用户请点击浏览器图标
选择“Disable on www.wenxuecity.com”

安装Adblock用户请点击图标
选择“don't run on pages on this domain”