Baltimore Non-Compete Agreement Lawyer

We all want to be free to work where we choose without constraint. If you are confronted with the constraints of a non-compete provision in an employment agreement or a freestanding non-compete agreement, as a workplace contract attorney, I can assist you in assessing the terms and weighing all options to maximize your freedom to work.

Non-compete provisions should never be underestimated. Once signed, Maryland courts often interpret them as binding, at least to some degree, and sometimes as significantly constraining your future employment opportunities. It is critical to resist the myths that they are not enforceable or that they are not negotiable. Avoid casually or hurriedly signing a non-compete agreement “as is” and call a Baltimore non-compete agreement lawyer instead. I can advise you of the law that controls and the path to employment terms that protect your right to future work free of undue constraints.

Strategically Negotiate a Fair Agreement or Avoid it Altogether

Let’s work together to get it right from the outset at the time of the offer of employment, potentially avoiding a non-compete agreement altogether or at least negotiating strategic refinements to “sculpt” the provision to make it fair to you. Or if your employer suddenly confronts you with a non-compete during the course of your employment, we can react immediately to analyze, negotiate, and try to avoid it or at least limit the adverse impact.

Non-Competes Are Not Enforceable Against Some Workers and Professionals

Maryland has enacted a law that protects professionals working in healthcare and veterinary medicine. According to Maryland Labor and Employment Code §3-716, veterinarians and veterinary technicians cannot be bound by a non-compete agreement.

Licensed healthcare professionals who earn $350,000 per year or less and provide direct patient care are also protected. Non-competes for medical professionals earning more than $350,000 are limited to one year and a ten-mile radius around the primary practice of their former employment.

Despite the enactment of those statutes, some veterinary and healthcare employers in Maryland continue to ask their professional employees to sign non-compete clauses that are not in conformity with those important laws. Some employers will count on you being unaware of your legal rights, hoping, in effect, you will sign and needlessly limit your future ventures. As a Baltimore attorney, with expertise in the rights of veterinary and healthcare employees regarding non-compete agreements, I will be sure you are fully informed of your rights and help you negotiate with the employer to ensure a fair and lawful agreement controls your relationship.

Assessing the Legitimacy of a Business Interest

If you are a higher-paid worker who is not in a protected sector, a judge analyzing a non-compete will first decide whether the agreement protects a legitimate business interest. Companies are entitled to take reasonable steps to safeguard their relationships with vendors and customers, proprietary processes, competitive advantages, and confidential information. However, employers cannot use over-reaching non-compete clauses to unreasonably stifle competition or prevent a departing employee from earning a living in their field.

When we can work together on this before it is a problem, I will scrutinize the document before you sign it to determine whether the language protects a legitimate business interest. If the language raises concerns, we can work together in an effort to negotiate a more narrowly tailored provision. We might also address any concerns you might have about whether a company that proposes particularly onerous language can provide a working environment that aligns with your values and professional goals.

When Is a Non-Compete Reasonable?

Even if it protects a legitimate business interest, a non-compete provision might be unenforceable because it is unreasonable in scope. If a court finds it unreasonable, the judge will not enforce it as written, but may substitute a reasonable provision for the offending section. This is a unique aspect of judicial treatment of non-compete terms, which is very important for us to address when we confer.

Non-compete language typically bars you from competing with your employer and usually specifies a geographical area and a timeframe. Depending on the business, the geographical restriction could be confined to a specific radius around the site where your employer operates. Courts have defined reasonable timeframes as ranging from several months to a year or more, depending on the industry. No two non-compete agreements are alike, nor did all courts interpret them the same way. So it is vital for us to address this when we confer.

The agreement must clearly specify the activities you may not engage in on your own behalf or for a new employer. It is critical to ensure these provisions are not overbroad or extend beyond the duties you will perform for the employer seeking the restraint. As a non-compete agreement lawyer in Baltimore, if you have no choice but to sign, I can propose revisions to the language to ensure you can continue to use your training and skills to earn a living while the prohibition is in effect.

Have an Experienced Baltimore Non-Compete Agreement Attorney on Your Side

If you encounter a non-compete provision in a severance agreement, we need to strive to level the playing field to enable you to move on and thrive in your next venture. And ultimately, in the event you need to fight a non-compete provision or a non-compete agreement in the courts, as an experienced, tenacious Baltimore non-compete agreement lawyer, I stand ready to undertake that critical battle with you to fight back and get it right. Reach out now.