Legal Question in Employment Law in Indiana
Non complete clause
Do these have a duration. If you signed it 12 years ago would is still be valid?
My husband worked for a company for 12 years and has now left and starting our own business. I will be the owner w/him as an employee. Does that make a difference--name removed--the non-compete clause?
1 Answer from Attorneys
Re: Non complete clause
Non-compete clauses are said to be disfavored under the law, but will be enforced if they concern a protectible interest and are reasonable with regard to: 1) duration; and 2) geographic scope.
As for duration, the time that a non-compete remains in force is generally measured from time of departure from a company, not time of signing the agreement. Whether or not you being listed as owner will allow your husband to avoid the non-compete depends on the exact terms of the clause and the facts of your situation.
I do offer in-office consulations in matters of this sort and would be happy to schedule a meeting if you and your husband wish.
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