Reference no: EM133362239
A common issue that arises in the employment context is whether a company may prevent departing employees from competing against it. Contract provisions that prohibit former employees from competing against it are known as non-compete provisions (also referred to as covenants not to compete or non-competition provisions).
These provisions prohibit departing employees from engaging in or performing work for a competing business (often defined by product type and/or service) for a specific period of time in a geographic area or market (see slide 3 in the attachment at the bottom of this posting). These provisions are most commonly inserted into employment contracts that the employee signs when joining the company (see slide 5 in the attachment).
Some states, like California, prohibit companies from using non-compete provisions in virtually all cases (see, for instance, slide 13 in the attachment). Most states follow the "Reasonableness" Rule: The majority of states will enforce restrictive covenants to the extent they are "reasonable" under the circumstances. Courts in these states will engage in a fact-specific, case-by-case analysis as to the reasonableness of the restriction (see slide 16 for more information).
For your Week #9 Discussion Board post, please
(i) review background information on non-compete agreements, available in the attachment, as well as
(ii) respond, in at least 10 sentences, with your personal opinion to the following question: "Should Pennsylvania generally prohibit non-compete agreements [i.e., the California approach], or should Pennsylvania follow the "Reasonableness" Rule, like many other states?" Please be sure to include 3 substantive reasons (pros or cons, which you can determine by reading any of the above linked or attached readings) to support your opinion. In other words, if you are in favor of the non-compete ban, or the "Reasonableness" Rule, why? What benefits or drawbacks regarding non-compete provisions led you to your decision? Please be sure to include a link(s) to any online sources that you reviewed and that influenced your decision.
|
Enlarges and enhances the screen size the smartphone
: the devices combine a smartphone with a cradle in a "dumb" tablet such that the "dumb" tablet (1) enlarges and enhances the screen size the smartphone
|
|
Can you legally guarantee a future outcome
: Can you legally guarantee a future outcome (winning a show prize)? Can you offer a money-back guarantee of some sort, if future performance does not meet expect
|
|
Discuss how exactly, in your view, the 1876 ellenton riot
: Discuss how exactly, in your view, the 1876 Ellenton Riot reflects and is connected to the life story of Fannie Lou Hamer and the murder of Emmett Till?
|
|
What is case citation information using bluebook
: Maryland v. H.G. Hahn & Co. - Using Westlaw, what is case citation information using bluebook for Maryland v. H.G. Hahn & Co., and is the case about
|
|
Should pennsylvania generally prohibit non-compete
: Should Pennsylvania generally prohibit non-compete agreements [i.e., the California approach], or should Pennsylvania follow the "Reasonableness" Rule
|
|
Is virtual learning effective or beneficial for students
: Research how students in elementary and high school students have been impacted by virtual learning? Is virtual learning effective or beneficial for student
|
|
How would this make resident feel
: How would this make a resident feel? Describe how you as a nursing assistant would do better in communicating with your residents
|
|
Maryland v. w.e.d., inc., and is the case about
: Maryland v. W.E.D., Inc. - Using Westlaw, what is case citation information using bluebook for Maryland v. W.E.D., Inc., and is the case about
|
|
Does the introduction include a persuasive thesis
: Does the introduction include a persuasive thesis? How is the speech organized? Chronologically? Topically? Another way? How does the speech utilize vivid
|