Legal Analysis Paper Essay Example | Topics and Well Written Essays - 500 words

Legal Analysis Paper - Essay Example ecently, most employers have opted for the â€Å"covenant not to compete†, however strict measures have been placed in the rule of law which generally disapproves right to earn a living by former employee which is highly upheld in the courts. This paper generally intends to look into circumstances where court of law can enforce non-competition agreement and the relevant competing policy that are at stake. Also solution offered by the non-compete contract. Enough consideration to encourage a non-competition agreement comes in a variety of forms that is; payments to the employees, previous employment and under certain circumstances of continued employment and also intangibles like; knowledge, skills and professional status. Courts enforce non-competition agreement when; there is necessity to protect certain employer interest; agreement is in reasonable time and scope (period of six months to one year when agreement is to last and where good will is the only interest at stake and the employees customer contract is limited to a specific region); it is consistent with public interest (Garmaise, 2009). Courts uphold this agreement in two major protectable employer interests, an employer’s relationship with customers, clients and venders (i.e. good will), trade secrets and other confidential business information. Conflicts of interest in non-competitive policy fall under two major stakes, that is; contractual limitations, where involved employee sign a clear written agreement promising to avoid doing certain things and agreeing to pay for damages in event of breach of agreement. Policy guidelines; where employer stipulates his/her expectation from employee (Estlund, 380). Protection of legitimate interest of the employer, limiting the undue hardship to the employee and protection -of public from any harm are key policy interest to be considered. Protection of employer’s interest is upheld through requirements by the employees not leak trade secrets and confidential