Internet searches of “How do I get around a non-compete” and “Cost of employment attorney for non-competes” are one of the rising topics in the last 10 years. Some non-competes last for one year while others may be valid for three years, but breaking a non-compete can result in fines up to $250,000. In specialized industries, it may make getting another job much more difficult.
Three main parts of a non-compete agreement are: Duration, Scope and Geography.
A non-compete agreement prohibits the employee from competing with the business directly or indirectly for a specific duration of time after employment has ended. They may attempt to prohibit the employee from things such as:
- Working for a competitor company or competing individual
- Starting a company that offers the same products or services
- Developing competing products or providing competing services
- Recruiting former colleagues to join their new business
Businesses decide to enforce non-compete in order to protect:
- Trade secrets
- Confidential business or professional information
- Company relationships with specific
- Specialized training
Employees who sign a non-compete agreement, who then attempt to find new work, can be stuck with fear of getting fired or sued. It often does not matter whether the employee left by choice. Being forced to sign a non-compete agreement is a reason some employees may choose to abandon the job offer — they do not want to put their future work prospects on the line.
Here at PGT Services, we believe if “You take care of your people, they’ll take care of you.” Even though a non-compete is not as popular as it once was, employers still use it to threaten employees when leaving. We do not see the value in threatening legal action if an employee leaves. Competition is competition, leads are leads and training is training. None of it is patented PGT Services, and there is no reason that we need to legally force it to be as such.