Temporary Employee Non Compete Agreement

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Finally, it should be noted that, in these recent national bills, there is an important, emerging trend to look beyond the rules of non-competition and to limit or prohibit in general employment contracts that have an impact on the occupational mobility of workers. For example, Maine`s non-compete clause prohibits not only non-compete agreements, but also all “restrictive employment contracts” defined to encompass any agreement “prohibiting or limiting an employer from requesting or hiring employees of another employer or former employees.” [71] This measure is an important recognition – and should be considered by other policymakers – that contracts that limit workers` mobility are not always explicitly qualified as “non-competition” and are not always concluded by an employer and a worker. Is it legal to refuse me a job simply because I refuse to sign a non-competition clause? The laws of Oregon and Massachusetts prevent them from hindering the excessive use of non-competitors by making it more expensive for employers to enforce them from the outset. In these countries, it is necessary to support a non-competition clause through a payment of money or a “garden holiday” in order to be applicable. Garden leave, originally conceived in UK law, is a period during which an employer pays a worker`s salary or part of it in exchange for their withdrawal from the labour market. [62] Because of the obvious costs involved, garden holidays help determine which employees have information or relationships that are so valuable to the employer that they are willing to pay their salary (or part of their salary) to deter them from going to a competitor. [63] 11. If I have already accepted an obligation not to participate in competitions, can I leave? [67] In Illinois, for example, where the courts have held that the promise of pardon employment alone is not sufficient to support a non-competition clause, several Attorney General`s investigations have revealed several cases of widespread non-competition signed by entire staff who received no consideration in return or very nominal (one-time payment of $15), allegedly in exchange for signing a two-year non-competition clause). See Madigan & Flanagan, see note 31 above. In a small production company, several employees sold the company`s product from their garages. They bought the products legally from the company and it was a lucrative side business for them. Competition bans are commonplace in the media….


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