Newark Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Newark, DE

Generally, a covenant not to compete is when a Delaware 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 them either does so as a condition to employment or they can receive compensation for the agreement.

When are Covenants not to Compete Unenforceable?

Knowing in advance whether a judge will enforce an employee's non-compete clause can be difficult. Even if the employee's interests may be significant Delaware 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. Covenants not to compete that a court will categorize as unreasonable include agreements that last for a long duration or that restrict the employee to an unreasonable geographic area around Newark.

Covenants must also be limited to restricting dealings with those competitors that are reasonably related to the employer?s industry. Lastly, an employer is required to have a legitimate business reason in its motivation for imposing a covenant not to compete on an employee.

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 Newark, Delaware 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. 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 Newark

Newark, Delaware is a city in New Castle County, and is located just miles away from Wilmington, the largest city in Delaware. As of a 2006 estimate by the Census Bureau, Newark has a population of just over 30,000 people.

Newark was founded by Scots-Irish and Welshsettlers in the late 1600s. However, the town was not officially chartered until 1758, when King George II issued a charter.

Throughout its history, Newark, Delaware has been a center for education, and educational institutions have played an important role in its development over the last few hundred years.

A grammar school was established in the town in 1765, as the Newark Academy. 3 signers of the Declaration of Independence were among the school's first graduates. Newark is also home to the University of Delaware, which was founded in 1833 as Newark College. Today, the University of Delaware is well regarded for many of its programs, particularly in the life sciences.

Newark, Delaware attorneys have to be ready to handle a wide variety of cases, given the unique demographics of the college town. Newark, Delaware has a large number of college students, as well as affluent families. The legal issues that these two groups are likely to face are very different from one another. Accordingly, Newark, Delaware lawyers have to be very well-rounded, making it very likely that they can handle just about any legal issue you might face.

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