Why Do Companies Sign Non Compete Agreements

An employee should uphold the confidentiality of information assigned to them by the company and its customers, except when revelation of such information is authorized or required by applicable laws, rules or regulations. “Confidential information” includes all records, non-public information related to the company and its business, customers, or vendors that come to an employee in the course of carrying out the employee’s duties and that can be value to competitors or damaging to the company or its business if revealed.

The United States District Court for the Western District of Michigan held that Whirlpool’s non-compete provision “extends far beyond Whirlpools’s “reasonable competitive business interests.””Whirlpool Corp v. Burns, 457 F. Supp. 2d 806 (W.D. Mich. 2006) Whirlpool did not shown that its claim is enforceable, as it pertains to Burns. Id. The court reasoned this way because there was no evidence that “Burns has disclosed or is likely to disclose any information subject to the confidentiality provision.” Id. Additionally, there is no evidence that the salesman had obtained credible information that would help his employment at Electrolux. Id. Whirlpool had not shown that it faced a real threat of “irreparable harm if not granted injunction.” Id. However Burns could be substantially harmed because he would not be able to find employment using the general knowledge he gained in the past years in home appliances, potentially causing him financial burden. Id. Therefore the court found enforcement of the non-compete covenant unreasonable.

1) Patty owned Patty’s Cakes in Jacksonville, Florida. She sold her business to Fruity’s, Inc. a national pastry company. There was a non-compete agreement in the contract for the sale of her business. In the non-compete, Patty agreed not to work in any capacity in the food industry for 10 years on the entire east coast. A court would likely determine that the non-compete agreement

1. NON-COMPETE COVENANT. During employment and for a period of 2 years after initial day of employment at Saving American Hearts LLC, and after the separation of employment for any reason,____________________ will not directly or indirectly engage in any buisness with the following competitor(s):

3. Collaboration with similar companies in search and development of new products and thereby decreasing the competition for resources within the company.

Businesses are not only faced with competition within the industry they operate in. They also face competition from businesses in other industries.

The availability of manpower or suitably qualified staff is an important factor in the recruitment process and overall approach to talent planning. If the company has a demand for more professionals / specialised staff and there is limited supply in the market, then the company may have to depend upon internal sources by providing them special training and development programs. This will in turn impact on retention for the company. The company may want to have a more detailed retention policy if they have to invest heavily in staff.

Therefore it makes it hard for companies like Nike, Adidas and Under Amour etc. to be able to have power over the customers. If a buyer is dissatisfied with any company in the industry; that buyer can easily switch to another company to acquire the products that they need.

By joining a task force that helps promote fair labor practices, Nike is taking responsibility for its actions and showing the global market that is does take an interest in those working in the factory. This helps to alleviate any hesitation consumers may have with purchasing products made by Nike.

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.

From the response of the consumers, companies make enhancements in their products as per the necessities of the consumers. From the approach or the associations with the consumers, companies get a chance to gratify their consumers and build up a competitive edge. This mechanism facilitates companies to stay with and goes ahead from their competition. Therefore, consumer relationships help the companies to make a competitive edge. (How to build a customer-centered organization to gain competitive advantage)

If Nike would use all its power to try to give better work conditions and wages and in the end the companies donʼt live up to that, Nike should not be held that responsible although I would strongly suggest to end the contract.

Competitive advantage is that a company has better ability in earning profit and profit growth compared to its competitors for the same group of customers in one industry.

Competition being one of the major issues that often must be addressed in the business world, it is important for a firm to learn on ways to reduce the impact of the competition. Competition is definitely an important factor in helping a business

do not ignore that with which you compete, or that which can devalue your company, especially if in the same market.