Non-compete/confidentiality agreement

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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