JGL’s Labor & Employment attorneys have significant experience in both drafting and negotiating non-compete agreements. Once a tool used only for the most high level executives, corporations have increased their use of non-compete agreements in the global workplace for mid-level executives and highly educated and highly-skilled employees.
What is a Non-Compete Agreement?
A non-compete agreement is a tool designed to protect the employer from theft of trade secrets, client lists, and other highly confidential information. These agreements often minimize the risk that valued employees might leave the company or start their own businesses. Such agreements can prevent an employee from working in their industry for a competitor, and limit their future employment opportunities both within industries and geographies.
JGL guides both employers and employees through drafting and reviewing Washington, DC and Maryland non-compete agreements. Our experience includes:
- Clearly defining non-compete clauses as part of another contract or as a standalone non-compete agreement
- General provisions in non-compete clauses/arrangements, such as the effective period, reasons for non-competition, geographic reach, non-solicitation, and penalties
- Non-compete limitations, including reasonable scope and duration that balance your legitimate business interests without prohibiting the signee from earning a living
- Non-compete agreements enforceability in Maryland and Washington, DC
Are Non-Compete Agreements Enforceable in Maryland?
In essence, non-compete agreements are restraints on trade and prevent people from working for an employer that may be competing with their former employer. However, Maryland courts will enforce a valid non-compete agreement that does not pose an undue hardship on the employee. Such agreements are not governed by status, but through many written opinions that set boundaries for the permissible limits of non-compete agreements.
Can You Negotiate or Challenge a Non-Compete Agreement?
The short answer is, yes. The Federal Trade Commission recently proposed a nationwide ban on non-compete agreements after finding that non-compete clauses are anti-competitive and harmful to the U.S. economy. But if your employer is demanding you execute a non-compete agreement, it is in your best interest to have a reputable employment lawyer review and negotiate the terms of the agreement.
Limitations on Maryland Non-Compete Agreements
Non-Compete Agreements are disfavored in Maryland and are strictly construed against the employer. For such an agreement to be enforceable, it must be necessary to protect the employer’s legitimate business concerns, and cannot cause undue economic hardships on the employee.
Maryland Non-Compete Agreements are not permitted for workers making less than $19.88 an hour or $41,350 annually.
Work with a Maryland Non-Compete Agreement Attorney
What matters to you, matters to us. For over five decades, JGL attorneys have fought to improve the future of families, the arc of careers, the success of businesses, and your most basic human rights. The attorneys of JGL take your business, family, and personal issues as personally as you do. We relentlessly pursue the outcomes you desire. If you need guidance from a Non-Compete Agreement Attorney, contact JGL.
