Hawaii`s non-competitive agreement model provides businesses and businesses with a method to obtain a signed agreement between employees, contractors, visitors and even partners who say they will not compete unfairly against the company because they know one of their confidential information. In this regard, the company concerned will benefit from the right to demand a period for which the beneficiary (employee, contractor, partner, etc.) has committed to preserve the confidentiality of all procedures and/or materials available during the mandate. At the end of the deadline, the individual has the right to move and compete with the company`s market, regardless of exposure to company information. Non-competitors with other Hawaiian employees remain opposable as long as they are able to analyze the adequacy in accordance with Hawaii law. The legislature stated in the new law “that employers` business secrets are already protected by the Federal Uniform Trade Secrets Act and under Section 480-4 (c) (4), Hawaii Revised Statutes; Therefore, the benefits to the employer from competition or unsolicited agreements are dual and cross-cutting safeguards that can place undue hardship on employees of technology companies and the Hawaiian economy. Existing law allows confidentiality agreements with employees. As a result, employers should continue to use these alliances with technology workers. Employers should keep these issues in mind when asking workers to sign restrictive agreements. It is also important to know whether potential new recruits have a non-compete agreement with a former employer. In some cases, the new employer may be held liable to the former employer if the worker`s hiring was contrary to the agreement. Different rules may apply to situations in which a business is sold in whole or in part and where the buyer and seller are entitled to a restrictive agreement. Hawaii law allows non-competitive agreements that limit the use of trade secrets, customer contact and confidential information during and after employment, provided they are sufficiently limited in terms of duration, do not impose unreasonable severity on the worker and do not harm the public. These agreements must not significantly reduce competition or create a monopoly in each industry.
(1) an agreement or agreement between the seller of a business not to compete in appropriate territory and within a reasonable time for the sale of the business; The company must provide a portion of the work on its behalf by signing this agreement, expressing its name and title, and then writing the date of the signature in the “The Company” column in the “Signature,” “Name and Title” and “Date” lines. Our qualified lawyers can help you design a carefully applicable non-compete agreement that protects your company`s interests. A strong agreement can serve as a protection against future legal actions. If there is a dispute, we will defend the non-competition agreement and we will be with you every step of the way. We are prepared to provide aggressive representation, whether you are a complainant or a defendant.