What Is A Covenant Not To Compete In Alabama?
Generally, 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 may 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 generally difficult. Even if the employee's interests may be important, Alabama courts will certainly assign great weight to a person's freedom to choose the type of employment that is suitable for them. Accordingly, only those covenants which are deemed to be reasonable will be upheld by the court. Some agreements that courts have considered to be unreasonable include terms that last for an unusually long period of time or that cover a geographic around Huntsville that is unreasonably broad.
The agreements must also deal only with those competitors whose line of employment is rationally related to the previous employer's. Finally, the covenant not to compete must have a legitimate 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?
Before you sign any documents that could restrict your rights, you may consider hiring a Huntsville, Alabama attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. A lawyer can also render useful advice for employers who are considering suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.
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Life in Huntsville
With close to 180,000 residents, Huntsville Alabama is a city that is home to some major attractions. Located in the Northern region of Alabama, Huntsville was named on "America's Dozen Distinctive Destinations for 2010 by the National Trust for Historic Preservation. How did Huntsville get this honor? Because of the great amount of civil war history, NASA rockets, and beautiful geography Huntsville has to offer its residents and visitors alike.
Huntsville is located in the Tennessee River Valley, a location that lends itself to hot summers and mild winters. Because of its location, Huntsville also has tornadoes in the spring and fall.
The Marshall Flight Center is another major point of interest in Huntsville. Dedicated by President Eisenhower, the presence of the flight center has given Huntsville its nickname-- "Rocket City" and has been home to some great space developments since the 1950's.
Professional industries also thrive in Huntsville. Huntsville lawyers are a great asset to the city and the overall legal profession. Lawyers specializing in a range of practices are available to serve their clients with any legal need he or she may have. Huntsville is simply a great place to work, live, and play.
