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Loren
Loren, Lawyer
Category: Employment Law
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Experience:  More than 30 years in legal practice.
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What states does the Non compete agreement hold up Do you

Resolved Question:

What states does the Non compete agreement hold up? Do you need to have an up to date contract, can they change your job discription, pay, etc. and still hold you to a Non Compete?
Submitted: 6 years ago.
Category: Employment Law
Expert:  Loren replied 6 years ago.
Non-compete agreements are totally invalid in some states, (i.e. Montana, Nevada, North Dakota, and Oklahoma) some states consider non compete agreements invalid or in some case limited, (i.e. California, Colorado, Florida, Hawaii, Louisiana, Oregon, South Dakota, and Wisconsin.)  While the remaining states consider the covenant as being at least partially valid. Partially valid means the less the former employee is restricted, the more enforceable to agreement. (Ex. an agreement indicating an employee can never compete against his former employer in any state will more than likely be found invalid, yet a restriction of 1 year in an immediate area will more than likely be found valid. A non compete agreement may also have some issues that a court would conclude were invalid, while other issues were deemed to be valid.) With regard to changes in your pay or job duties, the employer must abide by the agreement in order to enforce it.
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