Q: Can I include a closely partnered business into my non-compete agreement?
First and foremost - I have no law experience.
I've been tasked with drafting the non-compete agreement for our company. We are a manufacturing business that has a close marriage to another business that acts as our storefront for our product. Is it within enforceable legal bounds to include the storefront business and it's competitors into the manufacturing company's non-compete agreement?
Thanks,
Kyle.
A: Yes, you can. The issue on non-compete agreements is the hardship to the employee. It must be narrowly tailored to the needs of the business.
A: You may, but you should pay close attention to the scope and term of any restrictive covenant. You will also want to address other issues, such as, use of your trademark, copyright and other property. You should consult with a qualified business lawyer for advice.
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A: Yes, a company or it's affilliates can be specifically included in a non-compete agreement.
A: A lawyer should do this job - if you're not an owner or C-level executive, you may be practicing law without a license. Non-compete agreements are strictly construed and often invalidated in NY. Including one in the contract may taint the entire agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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