Non-compete/confidentiality agreement
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Non-compete/confidentiality agreement
I currently work for an insurance agency. For many reasons, I have become
unsatisfied with this company. The agency owner has caused a great deal of
dissatisfaction, and I am choosing to leave as it is causing problems with my
health. I have made the decision to go to work for a different insurance, in
which I will start my own business, and work from my own office. I signed a non-
complete/confidentiality agreeement when I started. However, from all of my
research, in Montana, those are mostly void. Can you help me? ps. it will be
helping a few of us, as there are more than one of us in this office in this
situation. Thank you
Asked on July 16, 2016 under Employment Labor Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You are not correct, unfortunately: while your state does "disfavor" non-compete agreements and will generally interpret them in the narrowest way possible, consistent with their plain language, so as to not unduly restrict employees, will only enforce them when there is some legitimate business interest at stake, and will also generally not enforce them in the case of termination or lay-offs, they *are* enforceable when employees voluntarily leave work (i.e. quit or resign). Again, they will be enforced narrowly, and the court may cut back or restrict their georgraphic or temporal (i.e. time) scope so as to not burden employees more than is necessary to protect the employer's business interests, non-competes are legal and can be enforced against employees who voluntarily leave work.
Confidentiality clauses in agreements are fully enforceable.
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