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Non compete agreement Idaho

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  • Non compete agreement Idaho

    My father in law has been working for the same individual/company in Idaho for about 30 years and essentially runs the company but the owner keeps most of the money. I have tried to convince him that he should start his own company doing the same work so he could be the one making the money but he says he signed a non-compete agreement when he first started working for the company. My question is how long is a non-compete agreement good for in Idaho? If my father in law left his current company and started his own company, could his current employer take any legal action against him?

  • #2
    This is what Idaho says re noncompetes:
    A written agreement or covenant that protects the employer's legitimate business interests and prohibits key employees or key independent contractors from engaging in employment in line of business that is in direct competition with employer's business is enforceable if reasonable as to duration, geographical area, type of employment/line of business, and does not impose a greater restraint than reasonably necessary to protect the employer's legitimate business interests. Under no circumstances shall the agreement establish a post-employment restriction exceeding 18 months. Certain terms will be presumed reasonable, subject to rebuttal by the covered employee. If such an agreement is found to be unreasonable in any respect, a court shall limit or modify the agreement as it deems necessary to reflect the intent of the parties and render it reasonable in light of the circumstances in which it was made. The court shall than enforce the agreement as limited or modified.

    However, a noncompete should always be taken to an employment or contract attorney in the area for review & advice.
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