11 Abr Non Compete Agreement In Ky
When a former employee challenges a non-compete agreement, Kentucky courts have the power to amend the agreement. However, courts generally do so only when the original agreement was inappropriate in its scope. The length and flexibility in applying a non-competition agreement depends to a large extent on the nature of the undertaking seeking judicial protection. For a non-competition agreement to be applicable, it must be appropriate. The adequacy of non-competition agreements is defined by Kentucky Courts in three different ways: duration, geographic coverage and purpose. The courts have held that non-competition prohibitions can only extend a restriction sufficiently to protect the interests of the employer, not to the point of imposing «unreasonable difficulties on the party.» In short, the Competition Ban Applicability Act is evolving rapidly, both in Kentucky and across the country. It is important to have the assistance of a competent lawyer who will pursue you. In the future, employers would be well advised to review their existing non-competition agreements to ensure that Creech`s participation is not a problem if they need the assistance of a court to enforce their rights. Charles T.
Creech, Inc., a supplier of hay and straw to farms throughout Kentucky, employed Donald Brown as a driver, distributor and salesman. In 2006, after working for sixteen years, Brown was invited to sign an agreement containing competition and confidentiality agreements. Brown did not receive any additional financial consideration for the signing of the agreement. Shortly thereafter, Brown was transferred from his sales position to the distributor position, which, due to declining responsibilities and customer contact, was likely downgraded. Two years later, Brown resigned and took a distribution position at a competitor, standlee Hay Company. After learning that Brown had contacted some of his existing clients, Creech sued Brown and Standlee in Fayette Circuit Court and sought damages. In short, the Applicability of Competition Bans Act is evolving in Kentucky. If your company has not audited its non-compete agreements with legal advisors or if you are concerned about the applicability of your company`s competition bans, Commonwealth Counsel Group lawyers will be happy to speak to you. Second, the employer must offer the worker a benefit in exchange for a promise not to compete.