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Non Compete and Non Solicitation Issues:

  • Restricting Right to Make a Living
  • Protecting Interests of Employer

Know Your Rights and Responsibilities

An employee has the right to reasonably make a living and an employer has a right to reasonably protect its interests.

I signed a non compete and non solicitation agreement. I believe the agreement is not reasonable. Do I have any options?
You might. Non-compete and non-compete agreements in must be no broader than necessary to protect the employer’s legitimate business interest.  Arizona courts balance the departing employee’s interest in finding work in the area of their interest and skills and the employer’s interest in preventing unfair competition. Legitimate business interests include:
  1. preventing solicitation of employees and customers,
  2. protecting confidential information, and
  3. providing sufficient time to replace the departing employee and allow the employee’s replacement to establish business relationships with the customers.
Thus the restrictions must be reasonable in duration, geographic scope, and in the type of job or information covered. 

Houk Law Firm

The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Christopher R. Houk is licensed to practice law in Arizona. © 2020

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4645 South Lakeshore Drive
Suite 13
Tempe, AZ 85282
Phone: 480-569-2377
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