The North Dakota non-compete agreement protects the employer’s business, on the one hand, and maintains employee’s sovereignty and future development, on the other hand.
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For Employers
Non-compete covenants serve to restrict the unauthorized usage of the employer’s business-sensitive information by unconscionable personnel and block ethically challenged business decisions. Most documents pre-arrange terms that prohibit or limit the hired individual or business partner from running a similar business in the designated territories. It allows the agreement’s mover to preserve the uniqueness of their trade, avoid confidential data exposure to third parties, and maintain healthy competition.
For Employees
The recipient must not reveal confidential data to other competing entities after submitting their consent. The employee also agrees to reasonable limitations if they decide to leave the company and continue development in the same field. Usually, a non-compete agreement example contains paragraphs that specify whether the employee (or the partner) may or may not provide the same service in the same territories. Also, the form defines the period during which these restrictions are valid.
However, some states predetermine that non-compete covenants are not enforceable within the state boundaries. In this case, it is illegal to impose the stipulations and bind the employee with certain liabilities. Therefore, it is highly recommended to read the details accurately and append signatures only if all terms are clear and fair.
North Dakota protects both parties and establishes reasonable liabilities and powers. You are encouraged to read about the state’s standards in the last section of this review.
Under the state standards, a North Dakota non-compete agreement should contain the following specifications:
This part includes general information about engaging limitations that the employee (or the partner) is exposed to.
The section reveals a list of “shall not” directions. Usually, the parties choose some or all of the promoted restrictions.
This section is of extreme importance. It prevents both monopolizing the business field and using malevolent information. Reasonable selection of territories allows both parties to run business practices without constraining each other’s rights and opportunities to profit.
It is nice to know that restrictions won’t be applied to life. Still, study the pros and cons of the contract not to jeopardize your future development and profit opportunities.
Every non-compete document contains the jurisdiction section to specify the state and laws supervising the procedure.
This reveals the type of data the employee cannot divulge.
This, on the contrary, determines the data the employee can expose and use when necessary.
Curing violation covers the detail on how the agreement breaches will be mended.
Both parties provide their identification and signatures to prove their consent with the afore-mentioned in writing.
All adjustments must be provided in writing and signed by the employer and the employee.
North Dacota statutes do not provide compulsory non-compete practices, making it likely illegal to impose such a contract on a partner or a hired individual. Still, there are a couple of cases that require non-compete covenants.
The non-competes are regulated by § 9-08-06 (In Restraint of Business Void—Exceptions) of the North Dakota Century Code and claim the following:
Both cases are limited by a reasonable area and period conditions. It means that business partners can agree not to interfere within the same business practices in the same territories for a certain period.
Some companies can still legally initiate non-compete agreements to protect sensitive and secret data. As North Dakota laws do not promote or prohibit using such contracts, the employees should put a special focus on the terms and conditions not to get trapped or even prosecuted for breaching the contracts. We encourage you to take your time to study the agreement or turn for legal assistance if necessary.
