Non-Compete: Fill & Download for Free

From the US perspective, this is normally a matter of contract law, which is handled at the state level. In addition, some states have specific employment law specifically related to no-complete clauses, which will alter the landscape a bit.In the US, when someone violates the terms of a contract, relief is normally sought by showing that damages resulted from the violation. It can be difficult for an employer to prove damages for a violation unless they can demonstrate that this employee’s move to a competitor is such a big deal that they are losing money as a result.In some cases this is probably easy to prove. A superstar 7-figure salesman that moves from one company to another can conceivably be shown to result in all that business going to a new company. Likewise, a brilliant engineer with very specific knowledge could be shown to cause a devastating migration of technology to a competitor.For some ordinary grunt, all this is probably a lot harder to prove, which is why low-level employees have less to fear from non-compete clauses. However, when you are a low-level employee and you find yourself threatened with a lawsuit from an ex-employer, even if the action is without merit it can be a pretty bad experience.In the event that these damages are evident, an employer can really turn the screws and attempt to get injunctive relief, which could go as far as legally blocking you from performing your duties at your new company. The bar for this type of legal move is supposed to be fairly high, meaning the ex-employer would need to show substantial proof of harm in a preliminary hearing ahead of the actual suit.Important points to consider in addition to the basics given above:A non-compete agreement with an employer may contain specific remedies for violation. This could be viewed as part of the contract, and might make it easier for the employer to seek damages.In some states non-compete agreements are essentially illegal for the vast majority of employees. For example, the in California non-compete agreements are generally considered void.If you are worried about your non-compete agreement with your employer, it is critical for you to consult with an employment attorney. You’ll find that most attorneys will give you a quick sit-down meeting for free, or will at least a very nominal charge, and will be able to give you a better idea of what your situation is.Finally, key point: I am not a lawyer and have no specialized knowledge regarding US employment law.-MarkPhoto courtesy of Brian Turner Brian Turner under CC By 2.0 Creative Commons - Attribution 2.0 Generic - CC BY 2.0

While waiting in line to prepay inside a local gas station, I noticed each of the four people in front of me turn to search for their respective vehicles so they could relay the appropriate pump number to the cashier. By the time I reached the counter, I too had forgotten the number and craned my neck to find my car.When I asked the cashier if this was common, she rolled her eyes. “Everybody forgets the pump number, and it can get so annoying. I wish I had something right here on the counter so when the customer says, ‘the red Mustang convertible,’ I could just point to the chart to locate the pump.”Hmmm.I immediately went home and sketched a rudimentary layout of the gas station, and after adding details to the sketch and transferring the diagram to my laptop, I went back to the station to speak with the owner. I offered a professional-looking, laminated version of this counter top “map” that would include tasteful ads promoting non-competing area businesses.We agreed on a 50/50 split, as I was selling and creating the ads, and he was supplying a high-traffic location. Plus he shared ownership in three other local stations, so there was that.By the next day I had secured eight advertisers for that first location, followed soon after by eight more near each of the other three stations, and at $25/week for each ad—with four weeks collected in advance—I split $3200 with the owner for just a few days work.Virtually everything is potential ad space. And a bit of creative thinking can turn any situation into an effective opportunity to help business owners promote themselves/generate revenue. You, in turn, can make large sums of money, with little or no start-up cash, relatively quickly and easily, while creating win/win relationships with these business owners.����

There is no law that can automatically grant protection to a business idea or a business model.Why? The Laws of Intellectual Property do not protect ideas, rather, they protect the individual expression of their ideas. Given the right to freedom of expression no law has the power to restrict or override such fundamental right. This means that someone can copy or make a variation of your original business idea.How can I protect my business idea?One of the simplest ways of safeguarding your business model is to keep it private. You can simply sign a Non-disclosure Agreement ( NDA) with your business partner or investors to ensure that there is no information leak. Alternatively, you may sign a non-compete agreement with your co-founders or employees which will prevent them from operating in a competing manner or develop competing products upon termination of their employment with your business.To make things clear. There are four main types of Intellectual Property that can be legally protected.Copyrights : protect creative works where one can show sufficient individual inputIndustrial Designs : protects the ornamental or aesthetic aspect of a physical itemTrademarks : protect commercial brand name logo, images, slogans that distinguish your business from other businessesPatents : protect original inventions that are available for commercial useIf you want to learn more about Intellectual Property and want to ensure you are legally covered, Linkilaw offers a Startup Legal Session (It’s Free!).