What is a noncompete agreement and how does it relate to unfair competition law?
A noncompete agreement is a contract between two parties that prohibits one party from entering into direct competition with the other. This agreement is usually between an employer and employee, but it can also be between two business partners. The agreement generally states that the employee or partner will not engage in activities that would put the other party at a competitive disadvantage. In Arizona, the state law prohibits unfair competition. This includes, among other things, noncompete agreements, which are contracts between parties that limit the ability of a party to engage in work that would compete with the other party. The agreement can cover a wide range of activities, including working for a competitor, soliciting customers and disclosing confidential information. Noncompete agreements are seen as harmful to competition and may be struck down by the courts if they are too broad or restrictive. In order for a noncompete agreement to be enforceable in Arizona, it must be reasonable in time, duration and scope to protect the legitimate business interests of the employer or business partner. If an agreement does not meet these standards, it may be found to be in violation of the state’s unfair competition law.
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