A non compete agreement (NCA) is a written contract between an employee and employer, which state that the employee will not do anything that will prevent his or her employment from working for another firm or company. It is an important document to ensure your business does not lose your best employees. You need to be careful when drafting this type of agreement, because it is entirely possible for the employee to say what he or she wants.
Non Compete Agreement Florida template Non_Compete Agreements (also known as NCOE's) are a legal document intended to outline a legally binding agreement between two parties. They can be used in the same way as any other contract and usually set forth the legal rights and obligations of both parties. The non_compete clause is usually a part of the original employment contract. If the agreement is signed outside the workplace, it will normally have to be renewed with no exception or conditions.
An NCOE is usually created based on a few things. First, it must be based on the nature of the business involved (if it is a business, then it will usually need a business NCOE), the employee's skills, and work history, and any contractual restrictions placed upon the employee.
The most important part of the NCOE is the prohibition against the employee from doing anything that might cause him or her to be disqualified as a candidate or employee for another position. The employee must be prohibited from accepting new jobs, giving up his or her present employment, or doing anything that could be perceived as affecting his or her current job performance. An NCOE must also clearly state what duties and responsibilities will be handled by the employee in the case that he or she were to leave the company. A detailed description of what is expected of the employee, and his or her rights, is also required.
Non_Compete Agreements Florida template The non_compete clauses in a NCOE must be worded in a clear and precise manner. Most employees are not always as familiar with the process of forming a NCOE. There are lawyers that specialize in the practice of NCOEs. If you have hired an attorney to draft this type of document, then he or she can help you create the NCOE, but it may be necessary to hire someone who specializes in the field to review and sign the agreement as well. The attorney will help you write the NCOE in an easy to understand manner.
The NCOE must clearly describe the rights of the employee to work for another company and must state that he or she is not allowed to work for a competing firm or company after the expiry of the contract. An NCOE must be signed on a calendar_year basis. An employee cannot work for another company for more than three years during any given calendar year, and an employee cannot work for more than three companies during any given calendar year. In the event the employee leaves one company and wants to work for another, then the three_year period of restriction on switching employers can be waived.
If the employee is working for the first company and gets transferred to a second company, the NCOE must allow the transfer without having to go through an employee review process. If the employee is working for another company, but the employee is working under the original employer's contract, then the transfer must be approved by the former employer.
You can get a good NCOE template for your use in Florida. To find out more about NCOEs, click on the links below.
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