Connecticut Sample Noncompetition and Nonsolicitation Agreement

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This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.

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FAQ

Can you get around a non-compete agreement?

It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.

Does Connecticut allow non-compete agreements?

Connecticut has no statute or regulation that governs non-competes generally. Most non-compete agreements in Connecticut are governed by case law.

Are non-compete agreements enforceable everywhere?

Russell Beck: So there is no federal law on noncompetes; every state has its own noncompete law. Some states, like California, don't enforce noncompetes at all; they favor employee mobility over the protection of former employer's information.

Is a 6 month restrictive covenant enforceable?

Duration: Post-termination restrictive covenants that exceed 6 months are unlikely to be enforceable unless the employee is in a very senior, executive or key business role (see further under Question 6).

Are restrictive covenants enforceable in Connecticut?

In Connecticut, non-compete provisions in physician employment agreements, also known as restrictive covenants, have long been considered reasonable restrictions on competition and enforceable.

What voids a noncompete agreement?

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

Are restrictive covenants legally binding?

Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding.

What are Noncompetition nonsolicitation clauses?

Non-compete and non-solicitation agreements are clauses that attempt to limit a former employee's ability to work with a competitor and/or solicit former clients for a specific duration of time.

Is Connecticut a blue pencil State?

Connecticut courts can modify or blue pencil the terms of the restrictions and enforce them as modified. However, the non-compete agreement must state the intent to make the terms severable (Gartner Group, Inc., 1992 WL 4766, at 5). Connecticut courts do not blue pencil if the terms are not severable.

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