Non Compete Agreement Maryland Enforcement

Now that you know the legal framework under which competition bans are analyzed in Maryland, it`s important to understand that you have options. While the best time to deal with a non-competition clause is before signing it, a demanding non-compete lawyer can use different strategies to help you avoid or minimize the effects that a non-competition clause could have on you. Therefore, it is considered that a competition clause or no legal clause on its surface is void. When an employer accuses a worker who earns less than the maximum compensation set out in the NCICA of violating a non-compete or conflict of interest clause, the worker would have a positive violation of the charge. The employee only has to prove that he or she earns an amount of $15.00 per hour or $31,200 per year to defeat an employer`s claim. Non-compete obligations can only be applied and enforced in two circumstances: (1) where a company has employees who provide unique services; or (2) to prevent the future misuse of trade secrets, itineraries or customer lists or the recruitment of customers. Assuming that one of these thresholds is met, the Tribunal will conduct an adequacy analysis to determine whether the non-competition clause is appropriate, both in terms of duration and geographical restrictions for the worker, which we will discuss shortly. If you have chosen to seek a new job with a competitor, despite the language in the non-competition clause you have concluded, ask your new employer to keep you unharmed, defend you and keep you free from any act committed by your former employer for violation of non-competition. If your new employer agrees to compensate, defend and hold you harmless, you may be eligible for financial protection against your former employer`s actions in the application of the non-compete clause.

The first thing the employer will do is probably try to get the employee to stop the violation without resorting to litigation. The employer may apply to the worker or the worker`s current employer and declare that the worker is in breach of the non-competition agreement. This could be sufficient to avoid further economic damage to the former employer. If that doesn`t work, litigation is probably the next step. Although they seem unfairly restrictive, Maryland courts understand that many employers need non-compete rules to survive. Most people would agree that it would be detrimental to the employer if a worker resigned after learning all the “tricks of craftsmanship” and immediately started his own business in direct competition with the former employer. Another important condition for the validity of the non-competition rules is the consideration. Consideration is a legal-grade term that relates to something of value that each party must exchange to create a contract.

In the event of non-competition, the worker waives his or her legal right to work wherever he or she wants. In return, the employer must make available to the employee something valuable that serves as a counterpart. Agreements are often used to protect an employer`s trade secrets and other confidential and protected information. Many employers argue that agreements are necessary to protect them from unfair competition from former employees who work for competing companies or create a competing business and who would then gain a competitive advantage by taking advantage of customer relationships established by the employer`s time and costs or by exploiting confidential information about their former employer`s customers. Operations, business practices, products and marketing plans. There are non-competition rules to avoid these situations. But they are not always opposable and if they are, certain elements must be present. whether the non-competition clause is necessary to protect the employer`s trade secrets and intellectual property; and, as a general rule, Maryland courts have consistently upheld competition bans that lasted up to two years after an employee left the company. . . .

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