Birmingham Non-Compete Agreement
What Is A Covenant Not To Compete In Alabama?
Usually, a covenant not to compete is when a Alabama employee agrees not to work for an employer's competitors when the employee leaves the company. Covenants not to compete are also known as "non-compete clauses". An employee who signs a covenant not to compete can receive compensation for the agreement, or in some cases the agreement is a condition for their being hired.
When are Covenants not to Compete Unenforceable?
Foreseeing whether or not a judge will uphold a covenant not to compete is usually difficult. Even though the interests of an employer are significant, Alabama courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude to be reasonable. Some provisions that courts have considered to be unreasonable include terms that last for an unusually long period of time or that cover a geographic around Birmingham that is unreasonably broad.
Limitations on non-compete clauses must also be restricted to cover only competitors who are related in a reasonable way to the employer's industry. Lastly, the covenant not to compete must have a valid business purpose which is behind the employer's motivation for requiring the agreement.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Since covenants could restrict your rights, you may wish to hire a Birmingham, Alabama lawyer to review any provisions. They will be able to negotiate further changes to the covenant, and can draft an entirely new one that is acceptable to all parties if needed. Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.
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Life in Birmingham
As Alabama's biggest city with over 225,000 people, Birmingham is also the county seat for Jefferson County. The greater metropolitan area of Birmingham is estimated to have a population exceeding 1.25 million.
Founded in 1871, Birmingham has a diversified economy, with an original base of manufacturing other businesses and industries such as banking, transportation, telecommunications, power transmission, education, medical care, and insurance have all risen in importance. Coal mining remains a large business and the trucking industry has grown with the advent of the interstate highway system.
Birmingham, AL is an excellent place for those in the legal profession, with prestigious law schools such as the Birmingham School of Law, Cumberland School of Law and the University of Alabama School of Law located there. The telephone directory lists over 3800 Birmingham lawyers.