Free Legal Employment & Labor Non-compete Agreement Template
Legal Employment & Labor Non-compete Agreement
Between:
[Your Company Name], a corporation organized and existing under the laws of [Jurisdiction], with its principal place of business at [Your Company Address] (hereinafter referred to as "Employer"),
And
[Employee Name], an individual residing at [Employee's Address] (hereinafter referred to as "Employee").
Effective Date: [Month Day, Year]
Recitals
WHEREAS, Employer desires to protect its legitimate business interests, including but not limited to trade secrets, customer relationships, and confidential information;
WHEREAS, Employee acknowledges that, in the course of employment, they will have access to and receive confidential and proprietary information of Employer;
WHEREAS, in consideration of Employee's employment with Employer and the compensation and benefits provided, Employee agrees to the terms of this Non-compete Agreement.
Agreement
1. Non-compete Covenant
During the term of Employee's employment with Employer and for a period of [00] months following termination of employment for any reason (the "Restricted Period"), Employee agrees not to directly or indirectly engage in any business, occupation, or activity that competes with the business of Employer. This restriction shall apply within a radius of [00] miles from any location where Employer conducts business (the "Restricted Territory").
2. Confidentiality Obligations
Employee acknowledges and agrees that they will have access to and receive confidential and proprietary information of Employer, including but not limited to customer lists, pricing information, marketing strategies, and product development plans (collectively, "Confidential Information"). Employee agrees to maintain the confidentiality of Confidential Information both during and after their employment with Employer and not to disclose or use such information for any purpose other than performing their duties for Employer.
3. Non-solicitation of Customers/Clients/Employees
During the Restricted Period, Employee agrees not to directly or indirectly solicit or engage in business transactions with any customer or client of Employer with whom Employee had material contact during their employment. Additionally, Employee agrees not to recruit, solicit, or hire any individual who is or was an employee of Employer during the Restricted Period. This provision extends to both direct solicitation and any involvement in activities that could reasonably lead to the solicitation of customers, clients, or employees.
4. Return of Company Property
Upon termination of employment for any reason, Employee agrees to promptly return to Employer all property of Employer, including but not limited to physical assets, electronic devices, confidential documents, and any other materials provided to or created by Employee during the course of their employment. Employee further agrees to certify in writing that they have returned all such property and have not retained any copies or duplicates thereof.
5. Enforcement
Employee acknowledges and agrees that any breach of this Agreement may result in irreparable harm to Employer, for which monetary damages may not be an adequate remedy. In the event of a breach, Employer shall be entitled to seek injunctive relief, specific performance, or any other equitable remedies available under applicable law. This provision does not limit Employer's right to pursue monetary damages or any other legal remedies available for such breach.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in [Jurisdiction]. The parties hereby waive any objection to jurisdiction and venue and consent to the jurisdiction of such courts.
7. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, discussions, negotiations, and understandings, whether written or oral, relating to such subject matter. Any modifications to this Agreement must be made in writing and signed by both parties to be effective. In the event of any conflict between this Agreement and any other agreement between the parties, the terms of this Agreement shall prevail.
8. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. The parties agree to negotiate in good faith to replace any such provision with a valid and enforceable provision that most closely achieves the intended economic effect of the invalid, illegal, or unenforceable provision. If negotiation fails, the invalid, illegal, or unenforceable provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
9. Waiver
No waiver of any provision of this Agreement shall be deemed a waiver of any other provision or of Employer's right to enforce any provision.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.
Employer:
[Your Name]
[Your Company Name]
[Your Job Title]
Employee:
[Printed Name]
[Month Day, Year]
