Wilmington Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Wilmington, 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 Wilmington.

Covenants must also be limited to restricting dealings with those competitors that are reasonably related 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?

You might want to hire a Wilmington, Delaware 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. 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 Wilmington

Wilmington, Delaware is the largest city in the state of Delaware. It currently has a population of about 71,000 people.

The area now known as Wilmington was first colonized by settlers from Sweden in 1638. After World War II, Wilmington, Delaware saw a large increase in prosperity and population, which led to the growth of suburbs around the city.

One of the largest employers in Wilmington is the Port of Wilmington, a large deep-water port, which brings in about 5 million tons of goods each year, playing an important role in the region's economy.

Thanks to its large and diverse economy, the lawyers of Wilmington, Delaware have a broad range of experience and competence. If you live in Wilmington, Delaware and need an attorney, chances are good that there's a Wilmington lawyer who can help you with whatever legal issues you might be facing.

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