Be careful what you get in. Even a 9-month non-compete is a real dice role. Do you sign a bank or a bucket shop? If there is a pre-available that they give you and your base salary is north of 100ks, it will be difficult to kill the terms of the contract if it does not work. Assuming the application of the “Employment Agreement” standard, the Supreme Court of Canada in J.G. Collins Insurance Agencies Ltd. /. Elsley,  2 P.C.R. 916 will be applicable. The test can be summed up as follows: in some states (for example. B California), a non-competition agreement against employees is not applicable.
Such agreements are automatically cancelled, except in limited cases authorized by law. The State is very interested in protecting companies operating on its territory in order to enable them to recruit staff inside or outside the state. Similarly, a new law, which came into force in 2015, prohibits Hawaii`s high-tech companies from signing non-competitive and unsought agreements as terms of employment. FYI, its well known that non-contests are pretty unworkable. But that`s another topic together. Non-competition prohibitions cannot be enforced in North Dakota and Oklahoma. California does not recognize non-compete prohibitions at all and an employer that binds a worker to an employee after the end of the job can be sued. Hawaii banned non-competition bans for high-tech companies in 2015. In 2016, Utah amended the legislation by limiting new competition bans to just one year. In some markets, there are agreements between employers within the same sector that divide the information that outgoing workers are allowed to accept after resignation, such as the “broker recruitment protocol” in the United States.
These agreements facilitate the transfer of people between companies that have agreed to comply with the procedures described above. Members and candidates who change companies who sign such agreements can rely on the protections provided they faithfully comply with all the procedures described. Comment: If Mota`s duties as mayor are so extensive and tedious that they risk compromising his ability to fulfill his responsibilities with Tyson, he should discuss his external activities with his employer and agree on a mutual agreement on how to manage his personal obligations with his obligations to his employer.