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Non-Competition Agreements

Handled by Experienced Employment Lawyers in Foley

Non-competition agreements, commonly referred to as non-compete agreements or simply non-competes, are disfavored in Alabama. The rationale behind Alabama’s policy in this regard is that non-competes stifle competition and are thought to hinder individuals from working in their chosen professions. By contacting a Foley employment lawyer at Caldwell Wenzel & Asthana, we can help with your case.

Backed by more than 25 years of combined legal experience, our attorneys are seasoned courtroom veterans with a firm grasp of employment law. We are intimately familiar with non-competes and the many laws regulating them. If your employment contract has a non-compete provision or if you executed a separate non-compete agreement and you are seeking employment or looking to start your own business in a covered activity, you should know the risks involved and obtain legal advice on your rights under such agreement.

If your former employer is threatening to sue you or has already sued you over a non-compete provision then you should contact us to understand what rights and remedies you may have to protect yourself.

To schedule your free consultation with our employment law attorneys in Foley, please either call us today at (251) 262-2279 or contact us online.

About Non-Competes in Alabama

Despite being disfavored by Alabama courts, a non-compete agreement may be enforceable.

It could be enforceable if it is reasonable in its limitations with regard to:

  • The time period of the non-compete provisions
  • The geographic region of the non-compete provisions
  • The types of activities covered by the non-compete provisions

There are no bright-line tests to determine what the court will deem reasonable; the court has broad discretion in this regard and may even choose to narrow a broadly drawn non-compete agreement rather than rule it completely unenforceable.

Oftentimes, employers hire lawyers to draft employment contracts containing broad non-compete provisions or separate non-compete agreements which are unreasonable as to time, place, and manner. This shows that most employers fully contemplate the fact that the non-compete provision may not be enforceable at law. They know, however, that this is not common knowledge and that the non-compete provision will serve as a deterrent to employees from leaving their employment and competing against them. They may even intentionally draft the provision such that is clearly unreasonable as to time period, geographic region, and types of activities, with the hope of only seeing the provision narrowed rather than struck out completely in case of litigation.

To learn more about non-competes and how our employment lawyers in Daphne can help you, contact us today at (251) 262-2279 and schedule your free consultation.

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