What Is A Covenant Not To Compete In Arizona?
Generally, a covenant not to compete is when a Arizona 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?
Whether or not a judge will conclude that the covenant is enforceable can be difficult to know beforehand. Even though the interests of an employer are important, Arizona 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 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 Yuma that is unreasonably broad.
Non-compete clauses are also limited in that they can only apply to competitors who are reasonably related to the industry of the employer. Lastly, there must be a legitimate business interest which motivates the employer's mandating a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
You may want to hire a Yuma, Arizona lawyer to review the covenant before signing any agreements that may limit or restrict your rights. The lawyer will then be able to negotiate any modifications to the contract as needed, or they can even draft a new one should it be required by one or both parties. Attorneys can provide valuable counseling to employers who are considering suing an employer who breached a covenant not to compete. They can also assist employees who have signed an agreement limiting their employment options.
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Life in Yuma
With a population of just under 80,000 Yuma, Arizona is one popular city to live and work. Because of the beautiful weather and location, over 85,000 retirees make the Yuma metropolitan area their home at least part of the year. In fact, Yuma is considered the sunniest place on earth according to the Guinness Book of World Records.Catering to both their older and younger residents, Yuma has numerous golf courses, spas, malls, parks and other recreation centers. The picturesque city takes advantage of its location on the Colorado River and residents and visitors can enjoy the River by kayaking down on the weekend.
Yuma is home to a number of educational facilities including a branch of Northern Arizona University and the University of Phoenix. With such an emphasis on education, it is of little surprise that so many great lawyers choose to live and practice in Yuma. Yuma lawyers are some of the best in the business and enjoy the sunny city and helping their client resolve his or her legal issue as quickly as possible.
