non-compete

How the Federal Trade Commission Might Kill Non-Competes in Utah

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By Joseph G. Ballstaedt801-365-1021joe@snjlegal.com The Federal Trade Commission (FTC) recently announced it is considering a rule that would ban all non-compete agreements. A non-compete agreement (or non-competition agreement) is a clause in an employment contract that prohibits the employee from seeking or taking a certain type of employment after the conclusion of the employee’s employment with the employer. Non-competes sometimes …

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Stopping Employees from Breaching Non-Competes and Non-Solicits Through Injunctions

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com After a Utah employee leaves his or her employer and breaches a non-compete agreement by working for a competitor, or he or she breaches a non-solicitation agreement by soliciting customers or employees of the former employer, can that employer stop the employee from continuing to engage in this conduct? Often times, yes. If the employer can …

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Are Non-Competition Agreements in Idaho Enforceable?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell products or services that are …

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Are Non-Solicitation Agreements in Utah Enforceable?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-solicitation agreement (or a non-solicit) is a written agreement signed by an employee that prohibits the employee from soliciting—or reaching out to do business with—the employer’s clients and customers after the employment relationship ends. A non-solicit can also refer to an agreement that prohibits an employee from soliciting or enticing …

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Are Non-Competition Agreements Against Independent Contractors Enforceable in Utah?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Usually, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. These agreements are also known as non-competes, post-employment restrictive covenants, or covenants not to compete. They prohibit the employee from selling or offering to sell products, processes, or services that are similar …

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Loyalty to One’s Employer in Utah: Is a Non-Competition Agreement Necessary to Prevent an Employee from Competing with an Employer?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Under Utah law, must an employee be loyal to his employer? How loyal? In what way? When does this duty apply? This article briefly discusses some basic duties that form the relationship between employers and employees. It then discusses in depth an employee’s duty of loyalty to his employer. As explained below, …

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Are Non-Competition Agreements in Utah Enforceable?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Generally speaking, a non-competition agreement is an agreement between an employer and an employee where the employee agrees to not compete with the employer’s business. They usually prohibit the employee from selling or offering to sell products or services that are like the employer’s products or services. Under Utah law, non-competition agreements …

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