Navigating Noncompete Agreements: Your Rights And Options
As an employee in Delaware or the U.S., you may see or be asked to sign a noncompete agreement governed by Delaware law. These contracts restrict your ability to work in similar professions or industries within a certain geographic area and time period after leaving a job. These agreements can significantly impact your career mobility and personal growth.
At LaRosa & Associates, I focus my practice solely on employment law. With over 25 years of dedicated service, LaRosa & Associates, stands as Delaware’s longest active law firm committed exclusively to defending and advancing employee rights. My experience has equipped me with the knowledge and skills necessary to navigate the complexities of noncompete agreements effectively. I am passionate about protecting the rights of employees like you. Whether you are considering signing a noncompete agreement or are seeking ways to challenge an existing one, I am here to provide the guidance and advocacy you need.
Understanding Noncompete Agreements
In Delaware, a restrictive covenant not to compete after termination of the employment relationship will be enforced only to the extent that it is reasonable to do so. Knowles-Zeswitz Music, Inc. v. Cara, 260 A.2d 171 (Del. Ch. 1969). Such restraints upon competition must be reasonable both in respect of time and area. John Roane, Inc. v. Tweed, 89 A.2d 548 (Del. 1952).
How Can I Tell If My Noncompete Agreement Is Enforceable?
Determining the enforceability of a noncompete agreement can be complex and depends heavily on specific details. As an experienced employment lawyer, I look at several factors: the scope of the geographical area, the duration of the restrictions and the fairness in protecting legitimate business interests without overly restricting an employee’s right to work.
Are Noncompete Agreements Enforceable In Delaware?
Noncompete agreements are generally enforceable in Delaware, provided they are reasonable and not overly restrictive. The courts in Delaware tend to consider whether the agreement protects a legitimate business interest, whether it is reasonable in terms of geographic scope and duration, and whether it unduly restricts the employee’s ability to earn a livelihood.
What Happens If I Violate A Noncompete Agreement?
Violating a noncompete agreement can lead to significant legal consequences. Typically, the former employer may seek a court order to stop you from working in violation of the agreement, known as an injunction. Additionally, you could be liable for monetary damages if your former employer can prove losses directly associated with the breach.
What Should I Consider Before Leaving A Job With A Noncompete Agreement?
Before leaving a job where you’re bound by a noncompete agreement, consider several key factors: the terms of the agreement, your future employment plans, and the potential legal implications. It’s important to understand how the agreement might limit your next job opportunities and whether those limitations are enforceable. I always advise a thorough review of the agreement with a skilled attorney to explore possible impacts on your career transition.
Call Today To Learn About Your Legal Options
I have substantial experience advising current, departing and former employees as to whether the noncompete agreement or the nonsolicitation agreement they signed with the current or former employer is reasonable. If you need legal advice about a noncompete agreement or a nonsolicitation agreement that you have signed or have been asked to sign, contact me toll-free at 888-854-2012 or send me a message online to arrange a strategy meeting at my office or by video today.