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Non-Competition Clauses - RAWA Law Group APC

Non-Competition Clauses

Employment non-compete agreement Attorney

If you sign a non-compete clause is an agreement between you as an employee and your employer. Generally employer requires not only new employee to sign a non compete agreement but also current employees too. Signing a noncompete agreement with your employer means that you are not allowed to compete with your employer’s business for a certain period of time after your employment relationship is concluded terminating with your employment. Additionally, these type of agreements may restrict who you can work for, the industry you can work in, and the location of your future jobs. All of this can make it very difficult to find a new job. It sound very harsh, however, non-compete agreements are not always received well by courts, which means you may not actually have to comply.

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The Court uses a balancing test to find out if the restraint is reasonable.

Generally courts will construe the terms of those covenants strictly, against the employer. Only “reasonable” provisions will be enforced since covenants not to compete inhibit the freedom of trade. Therefore, it is important to carefully craft any covenant with the assistance of legal counsel so that it will withstand scrutiny of the courts. Courts use certain tests to find out if the covenant is reasonable; it is a balancing test: 1) From the employer’s point of view: the restraint is reasonable and is not greater than is necessary to protect the your employer’s legitimate business interest, 2) From the employee’s point of view: the covenant is reasonable if it is not unduly harsh or oppressive to your legitimate efforts to earn a livelihood, and 3) From public policy point of view: the covenant is not against public policy. Some of the factors the court look at such as the nature of the restraint, what is protected, the geographical area of the restraint and the time period of the restrains.

Ultimately, “reasonableness” is a balancing act between the three different kinds of restrictions that covenants not to compete offer: the duration of the restriction, the size of the geographic area where the restriction applies, and breadth of activity to be restricted. The broader any one of these restrictions is, the more narrow the others will need to be in order for the covenant to be reasonable, and all three will be assessed within the perspectives of the employer, the employee, and the general public.

In general, courts find reasonable those covenants that restrict an employee from engaging in the same kind of work he or she performed for the employer in the geographic area the employer does business for a period of two years after termination.

Your Employer Must Give You Something of Value

A non-compete agreement is a contract. Therefore, your employer must give you something of value in exchange for your promise not to work for a competitor. In some states; if signing the non-compete agreement is required as a precondition of the job offer, It could be considered that the offer of employment itself is sufficient value. Many other states require something more, such as an additional payment of money. If you sign the agreement while you’re already working, however, many courts don’t view your continued employment as having the same kind of value.

A Non-Compete Agreement Cannot Last Too Long

Your non-compete agreement cannot be valid for the rest of your career. It must be effective for a reasonable amount of time and it must include a date when you’re free to go work for a competitor. The amount of time considered “reasonable” depends on the state. Generally, non-compete agreements that last longer than two or three years can’t be enforced by a former employer.

Too-Broad Geographic Restrictions Can Void the Agreement

The main purpose of a non-compete agreement is to prevent you from competing with your employer. Therefore, geographic restrictions in the agreement must prevent you from working only in areas where your employer conducts business. Many states give you more protection than this. In these states, the agreement prevents you from working only in regions where you actually performed work for the employer. In these states, the agreement may prevent you from working in one county, but not in a neighboring county.

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Navigate Non-Competition Clauses to Safeguard Your Career!

At Rawa Law Group, we have a team of experienced attorneys who specialize in employment law and will help you navigate these complex agreements. Restrictive clauses shouldn’t limit your career opportunities or professional growth. Reach out to us today for a free, confidential consultation. We will collaborate with you to create a strategy that protects your future and enables you to advance with confidence. Your rights matter, and we support you at every step!

Areas We Serve

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All Practice Areas

Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Office-related injuries involve injuries occurring in office environments. It includes claims for conditions like repetitive strain or slip and fall accidents, seeking compensation for medical costs and lost wages.
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Fatal Workplace Accidents

Fatal Workplace Accidents involve claims for families of workers who die due to work-related incidents. It includes seeking compensation for wrongful death, funeral expenses, and loss of income.
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Back and Neck Injuries

Back and Neck Injuries occur from workplace accidents involving the spine or back. It includes claims for medical treatment, lost wages, and compensation for long-term impacts from such injuries.
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Medical Benefits Claims

Medical Benefits Claims involve seeking coverage for medical expenses related to workplace injuries. It includes ensuring all necessary treatments and therapies are covered under workers’ compensation.
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Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Delayed Workers’ Compensation Claims address delays in receiving workers’ compensation benefits. It involves efforts to expedite the claims process and ensure timely access to medical and wage benefits.
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Denied Workers’ Compensation Claims

Denied Workers’ Compensation Claims involve legal action to overturn denied claims. It includes challenging decisions to secure benefits and compensation for work-related injuries or conditions.
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Spinal Cord Injuries

Spinal Cord Injuries are serious injuries involving the spinal cord, often from workplace accidents. It includes claims for medical expenses, rehabilitation, and compensation for permanent disability effects.
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Burn Injuries

Burn Injuries occur from workplace accidents involving fire or chemicals. It includes seeking compensation for medical treatment, rehabilitation, pain and suffering, and lost wages due to burn injuries.
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Workers’ Compensation Appeals

Workers’ Compensation Appeals involve challenging denied or inadequate compensation claims. It includes legal efforts to overturn denials and secure rightful benefits for work-related injuries or conditions.
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Hearing Loss Claims

Hearing Loss Claims relate to workplace-induced hearing damage from excessive noise. It includes claims for medical treatment and compensation for the loss of hearing abilities due to work conditions.
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Workplace Chemical Exposure

Workplace Chemical Exposure involves health issues from hazardous chemicals at work. It includes conditions like respiratory problems or skin diseases, requiring medical benefits and compensation for long-term health effects.
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Slip and Falls at Work

Slips and Falls at Work involve injuries from slipping or tripping on workplace premises. It includes hazards like wet floors or uneven surfaces, leading to medical claims and compensation for lost wages.
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Construction Site Injuries

Construction Site Injuries occur when workers are hurt on construction sites. It involves accidents like falls or equipment failures, seeking compensation for medical costs, lost wages, and long-term effects.
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Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
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Repetitive Stress Injuries

Repetitive Stress Injuries are caused by repetitive motion or strain at work. It includes conditions like carpal tunnel syndrome, resulting in medical treatment and compensation for work-related injuries.
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Workplace Injuries

Workplace Injuries occur when employees are injured while performing job duties. It includes accidents or health issues arising from work conditions, leading to compensation claims for medical costs and lost wages.
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Workers'Comp Practice Areas

At Rawa Law Group, we have a proven track record of success in handling a wide range of Worker’s compensation cases, ensuring fair compensation to the victims. Some of them include:

Office-Related Injuries

Fatal Workplace Accidents

Back and Neck Injuries

Medical Benefits Claims

Disability Claims

Disability Claims involves a request where the claimant shows disability, making a disability determination, to receive claimant benefits. It must be advised immediately. Learn More

Delayed Workers’ Compensation Claims

Denied Workers’ Compensation Claims

Spinal Cord Injuries

Burn Injuries

Workers’ Compensation Appeals

Hearing Loss Claims

Workplace Chemical Exposure

Slip and Falls at Work

Construction Site Injuries

Occupational Diseases

Occupational Diseases are illnesses caused by exposure to harmful substances or conditions at work. It includes diseases, requiring medical benefits and compensation for health impacts.
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Repetitive Stress Injuries

Workplace Injuries

Personal Injury Practice Areas

At Rawa Law Group, we thoroughly understand the complexities of these personal injury cases, ensuring that you receive justice and compensation on time. Some of our personal injury practice areas include:

Product Liability

Product Liability refers to legal claims for injuries caused by defective or unsafe products. It involves manufacturing defects, design flaws, or insufficient warnings, leading to harm or damages.
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Defective Drugs

Defective Drugs involve legal claims for harm caused by unsafe or improperly labelled medications. It includes injuries or adverse effects from drugs that are defective in design, manufacturing, or warnings.
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Wrongful Death

Wrongful Death claims arise when someone dies due to another’s negligence or intentional harm. It involves seeking compensation for the deceased’s family for lost income, funeral expenses, and emotional suffering.
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Dog Bites

Dog Bites involve legal claims for injuries caused by dog attacks. It includes bites or scratches from pets, often resulting in medical costs, pain, and emotional distress for the victim.
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Premises Liability

Premises Liability involves legal responsibility for injuries occurring on a property due to unsafe conditions. It includes hazards like defective stairs or inadequate lighting, affecting visitor safety.
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Slip and Fall Accidents

Slip and Fall Accidents, also known as Trip and Fall Accidents, occur when a person slips, trips, or falls due to unsafe conditions on the property. It involves hazards like wet floors or uneven surfaces.
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Pedestrian Accidents

Pedestrian Accidents occur when individuals walking are hit by vehicles or collide with stationary objects. It involves crashes with cars, trucks, or obstacles, often resulting in significant injuries.
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Bicycle Accidents

Bicycle Accidents occur when a cyclist collides with vehicles, pedestrians, or stationary objects. It involves crashes with cars, trucks, or obstacles on the road, often resulting in significant injuries.
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Motorcycle Accidents

A motorcycle accident involves a collision between a motorcycle and another vehicle or object, resulting in possible injuries and property damage. It involves crashes with cars, trucks, or fixed objects like guardrails, often resulting in serious injuries.
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Truck Accidents

Truck Accidents involve severe consequences for both the people and the occurred communities. A truck accident involves a collision between a truck and another vehicle or object, often causing significant damage and injury.
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Automobile Accidents

Automobile Accidents, also known as Car Accidents, occur when a motor vehicle collides with other objects. It involves fixed objects such as trees, buildings, and other motor vehicles.
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