Non-compete agreements are a critical way to protect your trade secrets and ensure that your employees don’t leave your company to create a direct competitor. At Kimball Anderson, we have a wealth of knowledge regarding drafting, enforcing, and defending against non-competition and non-solicitation covenants. We advise and represent both employers and employees in regards to non-competition covenants. Non-competition is a highly specialized field, but our attorneys are up to date on law changes in Utah with experience working with these changes.
In 2016, the Utah House passed Bill 251, adding more limitations to non-competition agreements. All new non-competition covenants in place after May 10, 2016, have a limit on how long they are allowed to last. Unless the covenant has to do with the sale of a business, the maximum time a non-competition agreement can extend to is one year from the date of employee termination. If a non-compete covenant exceeds the one-year limit, then it is considered void and unenforceable.
In addition to the newly enforced time restraints, non-competition covenants must have a reasonable geographic area, support by legal considerations., and be necessary to protect the business. These agreements also require good faith negotiations to be considered valid. We have a deep understanding of the changes to non-competition covenants, so we can draft covenants that will likely be enforceable.
Our non-competition team includes expert litigators who have successfully stopped individuals who have attempted to breach agreements. Our attorneys are skilled in using restraining orders and injunctions to keep past employees from breaking their non-compete agreements. Many of our attorneys are experienced with arbitration, allowing them to represent you no matter what form of litigation is involved in your case.