Did you sign a non-compete or non-solicitation agreement that you believe is unfair in Phoenix, AZ? Such agreements can limit your ability to work in your field and earn a living. At Houk Employment Attorneys, we understand how stressful this situation can be.
With 45 years of combined experience and millions recovered for our clients, we are dedicated to protecting the rights of employees in Arizona.
Our team is here to help you navigate these complex agreements and fight for your career. Contact us today at (480) 569-2377 to schedule a consultation with an experienced Phoenix non-compete lawyer.
How Houk Employment Attorneys Can Help You With Non-Compete Agreements in Phoenix, AZ
Non-compete agreements can have a major impact on your future job opportunities. If you think your agreement is too restrictive or unreasonable, it’s important to get legal advice. Our employment attorneys in Phoenix will:
- Review Your Agreement Thoroughly: We’ll examine every detail of your non-compete or non-solicitation agreement to find any clauses that may be unenforceable or overly restrictive under Arizona law.
- Explain Your Legal Rights: Understanding your rights is crucial. We’ll help you comprehend how Arizona courts view these agreements and what that means for your situation.
- Negotiate with Your Employer: If appropriate, we’ll communicate with your employer to try to modify or eliminate unreasonable restrictions. Our goal is to protect your interests while maintaining professional relationships.
- Represent You in Court: If necessary, we’re prepared to advocate for you in court, challenging the enforceability of the agreement and seeking a favorable outcome.
- Guide Your Career Transition: We’ll provide advice to help you move to new employment without violating any valid parts of your agreement, minimizing legal risks.
We know that dealing with a non-compete agreement can be overwhelming. Our team is committed to providing compassionate and effective legal support to help you through this challenging time. Contact our Phoenix, Arizona law office today to schedule a consultation.
Understanding Non-Compete Agreements in Arizona
There’s a lot to unpack regarding non-compete agreements in Phoenix, Arizona. Below are some of the most important topics to consider.
What Is a Non-Compete Agreement?
A non-compete agreement is a contract between you and your employer that restricts you from working in certain jobs or industries after you leave the company. These agreements aim to protect the employer’s legitimate business interests, such as:
- Trade Secrets: confidential business information that gives the company a competitive edge
- Customer Relationships: preventing former employees from taking clients to a new job
- Specialized Training: protecting the investment the company made in training you
Our legal team has a thorough understanding of state law and can represent your interests from start to finish.
Are Non-Compete Agreements Enforceable in Arizona?
In Arizona, non-compete agreements are enforceable if they are reasonable in scope. This means they must be fair in terms of time, geographic area, and the types of work restricted. Arizona courts balance employers’ need to protect their business with employees’ right to earn a living.
If a non-compete agreement is too broad or causes undue hardship, a court may decide not to enforce it or may modify it to make it reasonable.
What Makes a Non-Compete Agreement Reasonable in Phoenix, AZ?
Arizona courts consider several factors when deciding if a non-compete agreement is reasonable:
- Legitimate Business Interests: The employer must have a valid reason for the restrictions, such as preventing the disclosure of confidential information or protecting customer relationships.
- Duration of Restrictions: The time period of the non-compete should be no longer than necessary. Shorter durations are more likely to be considered reasonable.
- Geographic Scope: The agreement should only cover areas where the employer does business. Overly broad geographic restrictions may be seen as unreasonable.
- Scope of Activities: The non-compete should only restrict you from doing work that directly competes with your employer. It shouldn’t prevent you from working in unrelated fields.
- Undue Hardship: The agreement shouldn’t make it too difficult for you to find employment in your field.
If any of these factors are excessive, the agreement may be considered unreasonable.
What To Do if Your Phoenix Non-Compete Agreement Is Unreasonable
If you’ve signed a non-compete or non-solicitation agreement that you believe is unfair, you should:
- Review the Agreement Carefully: Look closely at the terms to identify any overly restrictive clauses. Pay attention to the duration, geographic area, and scope of restricted activities.
- Consult an Experienced Employment Lawyer: An attorney can assess the enforceability of the agreement and advise you on your rights and options under Arizona law.
- Avoid Breaching the Agreement: Until you have legal guidance, try not to violate any agreement terms, as this could lead to legal consequences.
- Consider Negotiation: Sometimes, employers are willing to negotiate the terms of the agreement to reach a fair compromise.
- Document Everything: Keep records of all communications and documents related to the agreement and your employment.
Getting an attorney involved as soon as possible may be to your benefit. Call our law offices today to get started.
Examples of Non-Compete Agreement Cases
Here are a few examples for you to reference. As always, feel free to contact us with any further questions you may have.
Case Study 1: Overly Broad Geographic Restrictions
A sales representative signed a non-compete agreement that prohibited her from working in the same industry anywhere in the state for two years. The employee argued that the geographic scope was too broad since her employer only operated in one city. The court agreed and modified the agreement to limit the restriction to that city.
Case Study 2: Unreasonable Duration
An engineer was restricted from working for any competitor for five years after leaving his job. The employee demonstrated that this duration was excessive and imposed an undue hardship. The court reduced the restriction to one year, allowing our client to resume his career sooner.
Frequently Asked Questions (FAQs)
We answer some of the most frequently asked questions we receive about non-compete agreements below.
Can My Employer Enforce a Non-Compete If They Fired Me?
In some cases, courts are less likely to enforce a non-compete agreement if the employee was terminated without cause. However, enforceability depends on various factors, and it’s important to consult an attorney.
What If I Didn’t Sign a Non-Compete Agreement?
If you didn’t sign a non-compete agreement, your employer generally cannot restrict your employment after you leave. However, they may still protect trade secrets and confidential information under other laws.
Can a Non-Compete Prevent Me from Working Anywhere?
A non-compete should not prevent you from working entirely. Restrictions must be reasonable and not impose an undue hardship on your ability to earn a living.
Contact Our Experienced Phoenix Non-Compete Lawyers Today
If you’re facing challenges with a non-compete or non-solicitation agreement in Phoenix, Arizona, Houk Employment Attorneys is here to help. Navigating these agreements can be complicated, but you don’t have to face it alone.
Contact us today to schedule a consultation with an experienced Phoenix non-compete lawyer. We’ll discuss your situation, explain your options, and develop a strategy to protect your career and future opportunities.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
