Home > For Everyone > Employment > Hiring Practices > Non-Competition and Trade Secrets > Non-Competitition Agreements by State > Non-Competition Agreements in Utah 
 
Desk and box
       

Non-Competition Agreements in Utah


Questions & Answers: Non-Competition Agreements in Utah

In my employment agreement, there is a non compete clause that reads "Employee agrees to not solicit or accept work (either full or part time) from any past, current and or perspec...
As a member if a small professional LLC in Utah I have a non compete clause as part of our operating agreement. If our LLC is dissolved does the non compete remain in force? If a ...
A year ago I was hired by a company as their marketer, I signed a non-compete with them saying that I would not take any relationships or contacts I've made while working for them ...
I am preparing to enter a physician contract in Utah and have been researching the enforceability of physician restrictive covenants. I came across this bill from 2005: http://le.u...
I have a non-compete agreement. I live in Utah. The company willingly made an exception and let a former VP of engineering go to a competitor(they even had a meeting and announced...
I have a non-compete agreement. I live in Utah. The company willingly made an exception and let a former VP of engineering go to a competitor(they even had a meeting and announced...
 

Non-competition agreements, also known as covenants not to compete or restrictive covenants, are employment contracts used by employers to limit the ability of an employee to compete with the employer by stealing customers or trade secrets. Enforceable agreements must strike a balance between protecting the employer's legitimate business interests from an unfair competitive advantage with the employee's right to work in a field for which he or she is trained.  In general, courts decide what is considered reasonable or not reasonable by examining the type and size of the business, how long and over what geographic area the restrictions apply and whether adequate consideration, or benefit, was given the employee at the time the agreement was signed.

The Law In Utah

Utah courts have determined that restrictive covenants are enforceable if the terms are reasonable and necessary to protect certain business interests of the employer such as trade secrets, good will or extraordinary investment in the training or education of the employee. Factors considered when determining reasonableness include the hardship an agreement puts on the former employee, its effect on the general public and the restrictions placed on time, territory and activity of the former employee.

Read more...
 
Schein & Cai LLP

100 Century Center Court Suite 315
San Jose, California 95112
Practice Areas: Employment, Intellectual Property
www.sacattorneys.com/
Monica L. Lombardi, LLC
Virgina Beach, VA Employment Discrimination Lawyer

4445 Corporation Lane, Suite 250
Virginia Beach, Virginia 23462
Practice Areas: Employment
www.monicalombardi.com/Practice-area/Employment-law.shtml
Dunnigan & Messier Attorneys At Law.
Newport News Social Security Disability Attorney

305 Main Street
Newport News, Virginia 23601-3801
Practice Areas: Employment
www.stephendunniganlaw.com/PracticeAreas/Social-Security-Disability.asp
monotone-frail