Flagstaff Non-Compete Agreement
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 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?
Whether or not a judge will conclude that the covenant is enforceable can be challenging to know beforehand. While employer's interest are important, the courts of Arizona also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered 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 Flagstaff that is unreasonably broad.
Non-compete clauses are also limited in that they may only apply to competitors who are rationally related to the industry of the employer. Finally, the employer needs to have an acceptable business purpose which justifies their motives in requiring their employee to sign a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
You might want to hire a Flagstaff, Arizona lawyer to review the covenant before signing any provisions 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 contemplating 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 FlagstaffWith a different name, Flagstaff was named after a Ponderosa Pine flagpole made by a scouting party from Boston. This name was given on July 4, 1876 while celebrating the United States Centennial. Flagstaff, Arizona is home to approximately 65,870 people, and is located in northern Arizona.
Popular attractions include the Grand Canyon National Park, Walnut Canyon National Monument, Wupatki National Monument, Barringer Crater, Glen Canyon National Recreation Area and Lake Powell. Obviously, Flagstaff is a nature-lover's heaven.
The economy is primarily based on lumber, railroad, and ranching. Many large corporations have locations in Flagstaff. Such corporations include Lowell Observatory, Nestle Purina PetCare, Walgreens, and W.L. Gore & Associates. With so many corporations and industries, Flagstaff is home to many small law firms with excellent attorneys devoted to excellent legal service. If need be for a large law firm, Phoenix firms are available, with attorneys always willing to make the short trip to Flagstaff. Therefore, Flagstaff is a community that is well-served by the legal industry.
As a side note, Flagstaff is known to many because running scenes from the hit film Forrest Gump were shot there! Overall, Flagstaff is a wonderful area rich in culture and industry.