No Compete Clauses

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No Compete Clauses No compete clauses are not pervasive in public or private industry but they often exist in situations and with people where trade secrets and other sensitive information is potentially at risk. Employers do so to protect themselves but many states and territories around the world either highly restrict them or outright ban them from even being implemented due to it ostensibly being unfair or punitive to the employee. The author of this paper is asked to focus on a fictional situation involving a non-compete clause and is asked to answer several different questions. The elements of a non-compete clause that must be present are to be explained as well as a number of related concepts including offer, acceptance, capacity and so on. The author is asked whether common law or UCC applies to non-compete agreements and what part(s) of the agreement would make the aforementioned fictitious agreement unenforceable. Purpose & Legitimacy of Clause This section will touch upon legality of purpose. Certainly, businesses often have a valid concern regarding employees who serve out their contract or are employed at will who then scurry off to a competing company and potentially divulge sensitive information and/or use said information against the prior employer. This can occur with a pre-existing competing company or it can be a solo venture of the person who is taking advantage of the trade secrets or other privileged information. For that reason, employers often
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