The other way to prevent your employees from robbing your customers or working for a competitor and taking your trade secrets is much simpler. It`s just working with people who have a good reputation and are honest. Such an approach will take you a long way to ensure that your employees do not turn you on. So work with honest and trustworthy people, and you don`t have to invoke your non-compete agreement. Sometimes companies will also try to stop indirect and passive advertising, which means that a former employee who creates a business cannot advertise. This requirement could be illegal because it would deter a company from informing someone that it exists. However, a company that advertises for recouping a seller from another company is definitely contrary to the spirit of non-invitation and should be part of an agreement. If this is not possible, the seller concerned should not be the one who processes customers who change as a result of the announcement. An increasingly popular clause is liquidated damage. Since it is difficult to find amounts of evidence and damages with non-incentive agreements, companies will say that the employee owes a certain amount of money, no matter what.
This may not be legal or enforceable. Similar clauses include recoveries and recoveries that require staff to return bonuses and stock options. They`re also very suspicious. “Even an employee directly linked to clients cannot, by law, be bound by restrictive agreements for customers of the company they did not know,” Says Knowles. “Generally speaking, a non-invitation agreement should be limited to clients with whom the employee was in contact for a certain period of time prior to dismissal.” There is always a risk that one of your contractors will directly solicit one of your own customers. But if you have agreements, you will be able to show at least entrepreneurs your attitude, you bypass to put your own contacts. Contact us today if you need help with contracting. If you try to treat your contractors and customers well, you will probably find that they want to continue working with you, no matter what. A restriction of competition is the strongest agreement you can enter into and is generally only applicable in situations where the employee`s relationship with customers is so strong that it is very likely that customers, if they switch to a competitor, will want to move with them. Non-invitation clauses are therefore considered more favourable than mere non-competition clauses. Sometimes companies require both a non-invitation agreement and a non-competition agreement.
The two agreements are similar, but they are different. Take the case of Jill Jones (no real person or company) who worked as a marketing manager for Kartun Copies LLC, which manufactures and sells materials for social benefits. It is not uncommon for people who use my apps to come to me and ask me what tools they have to prevent their employees from stealing their customer lists or disclosing company secrets to competitors of this company.