When a business wants to hire an employee or work with another company, a non-compete agreement can keep the best interests of the company protected. Cedar Rapids non-compete agreement lawyers know that businesses benefit immensely from cooperative agreements like this. As such, a lawyer can help you understand the legality of certain issues that may come up while drafting the agreement.
At Arenson Law Group, PC, our lawyers are prepared to help businesses in Cedar Rapids draft non-compete agreements that suit their unique needs. Whether you are looking to keep employees from working for a competitor or trying to do business with another company, our lawyers can help you create an agreement that works for you.
Terms of a Non-Compete Agreement
Non-compete agreements typically include terms that make explicit the detailed expectations of the company. Some of the terms that you may wish to include in your Cedar Rapids non-compete agreement include:
- Date and length of agreement
- Names, signatures, and addresses of all those involved in the agreement
- The geographic or type of non-compete agreement
- Reason for the non-compete agreement
These are just the typical terms of a non-compete agreement. You or an attorney may add in terms as you see fit to suit your Cedar Rapids business in particular.
Frequently Asked Questions About Non-Compete Agreements
If you are considering drafting a non-compete agreement, you likely have many questions about the process and the potential effects. The answers to some common questions we hear are listed below. For answers to any questions specific to your business, do not hesitate to call us at (319) 363-8199.
Are non-compete agreements legal?
In most states, including Iowa, non-compete agreements are enforceable if they meet certain requirements. Usually, a court will enforce a non-compete agreement if the following are true:
- The employee received something in exchange for agreeing to the non-compete agreement. This is called consideration.
- The employer has a legitimate business interest in limiting employees’ work that might compete with it.
- The level of restriction on the employee’s right to compete is not any greater than necessary.
- The restrictions on the employee do not put an undue burden on the person’s ability to earn a living.
- The restriction does not injure the public.
A lawyer from Arenson Law Group, PC can ensure your non-compete agreement meets these requirements.
How could a non-compete agreement protect my company?
A non-compete agreement may limit a former employee’s ability to work in a certain field for a certain amount of time in a particular geographical area. This helps to prevent employees from going to a direct competitor with certain types of valuable information about how you do business. If the non-compete agreement is overly broad, by trying to restrict a former employee from too large of a geographical area or seeking to keep the employee from obtaining any relevant employment, it may not be enforceable.
If you have required an employee to execute a non-compete agreement, you typically could file a lawsuit to request that a court require the individual to follow the terms of the agreement. Prior to actually filing a lawsuit, you may take action by sending a letter to an employee and their new employer outlining the reasons why the employee should not be working for the competitor under the non-compete agreement. This may be enough to deter some individuals from taking important trade secrets or other useful information to another company, where it in turn could be used to work against you. An attorney experienced in non-compete agreements can assist you in creating a valid non-compete agreement that will be enforceable in court.
Can I make an offer of employment conditioned on signing a non-compete agreement?
While the law does not require a potential employee to sign a non-compete agreement under any circumstance, an employer may withhold a job from an individual who does not sign such an agreement. However, in order to obtain high-quality employees, it is often wise to create a non-compete agreement that is narrow enough to likely be enforceable. It is best to consult a lawyer to determine whether the interests you are trying to protect would be enforceable in a non-compete agreement.
What are legitimate business interests that can be protected in a non-compete agreement?
Iowa, like the rest of the states in the country, permits an employer to protect its trade secrets. Trade secrets are any secret device, technique, or recipe used by a company to manufacture products or provide its services. These are entitled to protection because they are a form of property belonging to someone. Employers also have a legitimate business interest in protecting important business relationships such as customer relationships.
Consult a Non-Compete Agreements Lawyer in Cedar Rapids
Non-compete agreements protect the interests of businesses in Cedar Rapids. If you are hiring an employee or doing business with another company, a non-compete agreement can keep your interests secure. At Arenson Law Group, PC, our lawyers know the benefits of non-compete agreements and are ready to help you draft an agreement that suits your needs. Call (319) 363-8199 today to speak with a non-compete agreements lawyer in Cedar Rapids who is prepared to protect your legal rights and interests.
