Competition is a big thing in the professional world — many employers don’t want former employees going to work for rivals. Non-Competition clauses are woven into contracts to prevent just that, and they can take many different forms.
They each tackle a different side of the coin: Matt looks at the clause and its various types from the perspective of the employer, while Bryan takes the employee’s side. Together they unpack everything from Non-Solicitation to Confidentiality.
These clauses can have a serious effect on employment, including forbidding ex-employees from working in the same industry in the future. Understanding exactly what is expected of you as an employee or what to expect of your employees is critical to understanding any contract covenants. Matt and Bryan unravel the complexities of these with examples and insight from their many years working in the field of employment law.
The technological and economic landscape for employers and employees both has had an effect on Non-Competition clauses and agreements, especially in the era of COVID-19. People are working from home and some are coming up with ideas in their industry after work hours, but if they act on those ideas, are they breaking their contract?
It’s a complex issue, but Bryan and Matt are here to break it down for you. So if you’re an employer or an employee and need some clarification, look no further and have a listen.
Featured Attorney Name: https://www.yourncattorney.com/our-firm/matthew-marcellino/ (Matt Marcellino)
What he does: As a Partner at Marcellino & Tyson, PLLC, Matt carefully guides his clients through the often-frustrating legal process. He has learned that honesty and respect are vital to your representation, but also recognizes that some cases, possibly yours, may need an aggressive approach.
Words of wisdom: “[A] contract is whatever you want it to be.”
Connect: https://www.linkedin.com/in/matthew-marcellino-1abb1610 (LinkedIn)
Featured Attorney Name: https://www.yourncattorney.com/our-firm/bryan-l-tyson/ (Bryan Tyson)
What he does: Being a Partner at Marcellino & Tyson, PLLC gives Bryan the opportunity to focus on employees rights, small businesses, and short and long term disability. If there’s help an employee needs, he is there to assist you. His goal is to take the stress out of the complex legal process and help clients in the most supportive and efficient manner possible.
Words of wisdom: “[T]he overarching thing that I would tell people: think, really think twice, about this from the beginning — not from the end.”
Connect: https://www.linkedin.com/in/bryan-tyson-9a49bb2a/ (LinkedIn)
Key Points Top takeaways from this episode of Protect What’s Yours
➔ Time is the biggest player. Each type of covenant in a contract has one common denominator — time. This ranges anywhere from six months to forever, but always depends on the employer’s desires and needs.
➔ Understanding your contract is key. Everything is put into a contract for a reason, and both employers and employees need to truly grasp what is being included. These clauses may affect your business and personal life in the future.
➔ It’s all about what you know. As jobs in society have shifted from manufacturing to service-based, the true currency in businesses are ideas. Knowledge of what a business does, start-ups, and trade secrets. That’s what these clauses protect.
Episode Insights [02:50] Multiple types of Non-Competition: What is often referred to as a Non-Compete can actually be a multitude of covenants in a contract, including Non-Solicitation, Non-Interference, Confidentiality, and