A Seasoned Business Lawyer Fights to Protect Your Interests
Noncompete agreements and restrictive covenants are included in employment contracts and business transactions to protect business interests from unfair competition. However, depending on the situation, sometimes these agreements themselves can be viewed as unfair and that often makes them unenforceable.
Whether you are seeking to hold someone to the terms of a noncompete agreement or are arguing against enforcement of a restrictive covenant, an experienced business lawyer at the Law Office of Ralph W. Powers, Jr., P.C. can protect your rights and help you achieve a positive outcome.
Restrictive Covenants and Noncompete Agreements Must Be Reasonable
Agreements that restrict an employee’s ability to work or a business owner’s ability to operate are restraints of trade. To be enforceable, this type of restraint must be reasonable and not overly-broad.
If you want to include a noncompete clause in a contract, it is a good idea to consult an attorney who can devise wording that is likely to be enforced if challenged in court. Questions to consider include:
- Would the restriction unjustly affect the ability to earn a living?
- Is the noncompete agreement limited in scope to include only what’s needed to protect the business?
- Is the restriction necessary to protect trade secrets or intellectual property?
- Is the clause in line with public interest?
- Does the person restricted have unique skills?
- Does the person restricted earn enough to pass the enforceability threshold?
If someone alleges violation of a noncompete agreement or restrictive covenant, the court will also consider the nature and severity of the alleged violations.
Work with an Attorney Experienced in Handling Disputes Over Noncompete Clauses and Restrictive Agreements
Fairness is drawn as a fine line when it comes to noncompete agreements and restrictive covenants. An attorney with a good understanding of legal precedent in Prince George’s County could provide advice and fight to enforce your interests if you are involved in a dispute over the terms of restrictive agreement. The experienced legal team at the Law Office of Ralph W. Powers Jr., P.C. can assist not only with enforcement issues but also development of an agreement that meets legal guidelines.
If you have questions about the enforceability of a noncompete agreement or want help with any aspect of restrictive covenants, contact our office now to learn how we could help.