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Noncompete Agreement

Employees are often asked to sign Noncompete Agreements by employers when hired. They often also include nonsolicitation provisions stating that the employee will not solicit the business of the company’s customers and will not ask employees of the company to leave. In addition, some also include provisions whereby employees assign all right to work they created for the employer to the employer.

When hiring someone, employers do not always think to ask or check if the employee has such an agreement with any previous employers. However, this is very important and something I highly recommend. If the employee comes to work for the employer and ends up violating his noncompete by doing so, then both the employee and the employer may have liability. In addition, it is important to ensure that information the employee brings with them is not something that was assigned to a previous employer. If it is, then the employee should NOT disclose it to later employers.

  1. All prior inventions owned by themselves or a former employer;
  2. All employment agreement, confidentiality agreement, non-competition agreement, non-solicitation agreement or similar type of agreement they have entered into with a former employer or another third party; and
  3. If they were entrusted with any confidential information by his or her former employer or a third party.

My recommendation would be to have an incoming employee sign an agreement whereby they disclose:

  1. All prior inventions owned by themselves or a former employer
  2. All employment agreement, confidentiality agreement, non-competition agreement, non-solicitation agreement or similar type of agreement they have entered into with a former employer or another third party
  3. If they were entrusted with any confidential information by his or her former employer or a third party

Are you looking for a noncompete agreement lawyer? Turn to Ritter Law Firm in Oxford, MS. Contact the firm today for a free consultation.