Legal Question in Employment Law in Utah

Court declaration on reasonableness of non-compete agreement

I have a 3 year global non-compete clause in my employment contract. My employers has refused my request to free me from this clause as I want to take up a position in Europe. Can I ask for a declaration from the courts on this so at least I know if the clause is held reasonable and enforceable or be deemed unreasoanble in its entirety and dismissed or ruled on by the courts in some more reasonable way (''blue pencil'' I think?)

Can a lawyer make this pro-active declaration and how long will it take to get a judgement


Asked on 10/15/06, 8:30 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Court declaration on reasonableness of non-compete agreement

Global noncompete agreements are generally frowned on by courts. The only way to know for sure is to read the agreement and the terms of employment. You would have to have it reviewed, and you could file for a declaratory injunction, which would place the issue before the court asap.

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Answered on 10/15/06, 5:58 pm


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