While non-compete agreements in Maryland are very common, they are often misunderstood by employers and employees alike. Non-compete agreements in Maryland are signed by employees, often as a condition of work, and involve an agreement to not work in the employer’s industry, within a certain geographical area or do either within a certain period of time.
What Are Non-Compete Agreements in Maryland?
Non-compete agreements are used to help employers survive in the face of employees leaving. It would be unfair to a company of any size for an employee who understands all of the behind-the-scenes workings, client list and tricks of the trade to quit and start their own business to directly compete (or go to a competitor armed with the information). Non-compete agreements in Maryland avoid situations like that, but are sometimes unenforceable depending on what the agreement is composed of.
Is Your Non-Compete Enforceable?
When bringing a non-compete agreement to court to enforce, the court will consider a broad range of factors, including:
- If the non-compete agreement is against the public interest
- If the restrictions are unreasonable and prevent the employee from finding any work
- How unique the skillset of the employee is
- The nature and extent of the employee’s exploitation of their relationship with existing clients or customers
- If the non-compete only restricts what is reasonable to protect the employer
- If the non-compete is necessary
While these seem like common sense, they can be difficult to defend in court if you do not think each non-compete agreement you have signed through.
What Does Maryland Consider in Court?
For non-compete agreements in Maryland, one of the primary things that the court considers is fairness. The court doesn’t want employees to take advantage of former employers and put them in an unfair position. In the same fashion, the court also does not want a former employer to prevent an employee from working again. The court will also consider the limitations placed in the non-compete, like geographical area and time limitations. If you are a former employee or an employer concerned about the validity of a non-compete agreement in Maryland, you need a skilled attorney.
Contact Mobley & Brown, LLP for Help with Non-Compete Agreements in Maryland
If you are seeking assistance in Maryland as part of your non-compete case and unsure of how to proceed, contact Mobley and Brown, LLP today. Our experienced legal team will work with you to meet your needs. Call us now at (410) 385-0398.
