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Maine Law Non Compete Agreements

Note that there may be non-competition prohibitions in stock option or grant plans, severance agreements and cash bonus plans. These agreements should also be reviewed before the statute comes into force. Fifth, non-competition bans can only take effect after one year after the employee`s termination or six months after the employee signs the agreement, depending on the name given to him at a later date. Indeed, most workers have an additional one year to leave a new job before being bound by the party of the non-competition clause. Maine joins its neighbors, New Hampshire and Massachusetts, as well as Maryland, Illinois and Washington, which have passed all laws limiting restrictions on low-wage employees. The definition of low wages varies considerably from state to state, with New Hampshire subject to non-competition conditions for workers earning an hourly wage of $14.50 or less. Whereas in Washington, non-competes are only applicable to employees who earn more than $100,000 a year. In 2015, a similar federal law did not receive the necessary support. The law provides that non-competition prohibitions are enforceable only if they are appropriate and necessary to protect an employer`s trade secrets: (a) trade secrets; b) confidential information; or (c) goodie. Employers can demonstrate that a non-compete agreement is necessary by demonstrating that their legitimate business interests cannot be protected by another restrictive agreement, such as a non-disclosure or non-disclosure agreement. Non-competition agreementsA no-competition agreement is defined in the statutes as a contract that „prohibits a worker or potential worker from working in the same occupation or in a specific geographical area for a certain period after the termination of the employment relationship.“ L.D. 733 confirms the Common Law`s view that competition prohibitions are „contrary to public policy“ and can only be used to protect the legitimate business interests of the employer, such as trade secrets, confidential information and commercial value. Examples of non-competition deemed appropriate by Maine courts are: in June 2019, Maine significantly changed its competition prohibition legislation.

The new rules will make it more difficult for employers to apply these contracts, in order to allow talent to change jobs more freely and more frequently. Second, non-competition prohibitions can no longer, to the extent that they are enforceable, restrict the employee in order to protect the employer`s trade secrets and other confidential information or goods or goods (i.e. the reputation and customer relationship of the company). The law stipulates that non-competition prohibitions are deemed necessary if such interests cannot be protected by another restrictive agreement, such as a non-requirement or confidentiality agreement.



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