In some industries it s common for employers to request that their employees sign a non compete contract. Closely reading the non compete agreement you signed can give you a better idea of the interests the company seeks to protect and what you need to stress in asking for a release.
Get a copy of the agreement you signed.
How to get out of a non compete in indiana. Non competition agreements also known as covenants not to compete or restrictive covenants are employment contracts used by employers to limit the ability of an employee to compete with the employer by stealing customers or trade secrets. Can an employer make an employee agree to a non compete at any time. Essentially a non compete contract is a legal agreement that prevents an employee from working for his or her employer s competitors after leaving the business.
If you are currently under a non compete. Employer breaches the contract. Non competition agreements in indiana.
Also known as non compete clauses a covenant not to compete is a restrictive covenants usually made between employees and employers and used to protect the employer s trade secrets practice or procedures from being shared with competitors or used to compete against the organization by the physician after. If you left your employment before or during the covid 19 pandemic and are currently honoring a non compete all bets may be off in certain situations. Basics of non compete agreements.
Enforceable agreements must strike a balance between protecting. 93 2020 to be codified in part as ind. Noncompete clauses in indiana have become more specific over the years making it easier for workers to consider new employment while protecting the interests of employers who are losing employees.
Marking a unique variation from indiana s body of common law governing the enforceability of restrictive covenants in the state a new indiana statute regulating physician non compete agreements is set to take effect on july 1 2020. Some drafters maneuver around this doctrine by having multiple versions of the non compete and include language to allow for whichever version is allowed by law. However indiana only allows courts to delete language in the contract not to add or otherwise modify the contract.
How to get out of a physician non compete agreement. If your employer put the non compete provision in an employment contract spelling out compensation insurance and other conditions of employment it is important to have an attorney go through the contract line by line. Non compete s cannot be used merely to punish or set an example without a true legitimate business purpose at risk.
Code 25 22 5 5 5 2020. For this reason too an employer whose business is solely in communications cannot enforce a non compete that prohibits a former employee from working for a company whose sole business is selling shoes.