The effect of this agreement is summed up in the introduction to this treaty. This is under the title « 1. Purpose » and requires direct entry. The first blank line available is reserved, so that the legal name of the company or entity that intends to share information with the recipient. Of course, this paragraph also requires the identity of the contract recipient. Enter the full name of the receiving part on the second empty space. A non-compete agreement in New Mexico is a document signed by an employer and an employee to protect the company, the company, customers, customers and the employer`s confidential information. Once a worker has signed a non-compete agreement, they are prohibited from starting a business in the same sector as the employer during and after the termination of the employment relationship. In addition, they are not allowed to use the company`s confidential information or to ask customers, customers, contractors or other employees to start a business or work for an employer competitor. A non-competition clause is almost always considered enforceable in the state of New Mexico; However, there is no specific legislation governing these treaties. In order for a non-competition clause to be not applicable, a court would have to find that the duration, geographic scope and limited type of employment are inappropriate. The court will also consider the harshness imposed by the agreement on the worker and the impact on the public in determining the adequacy. Flash-forward in Farmington, N.M., in 2010.
Dentist Tyler Mann informed his employer KidsKare P.C., which runs dental clinics across the state. Dr. Mann had signed, like Royko, an employment contract that contained a non-compete clause. He banned her from opening a competing office within 100 miles of each KidsKare clinic for a one-year period. The New Mexico courts have ruled that restrictive agreements are applicable if the conditions are appropriate and necessary to protect a legitimate business interest of the employer. Factors taken into account in determining adequacy include the harshness that an agreement imposes on the former worker, its impact on the community, and the time, territorial and activity constraints of the former worker. But even the gain from legal action can be comforting after years of stress, worry and legal bills. A reasonable non-competition clause, which was introduced in advance, provides greater security for key employees who become competitors. After learning that 90% of KidsKare`s patients lived within 30 miles of the clinic, Judge Sandra Price found the 100-mile limit too. But instead of making the whole deal too low, as the Chicago judge had done, she simply changed « 100 miles » to « 30 miles. » When Dr. Mann broke the contract as a rewrite, she forced him against him. This contract now focuses precisely on where the recipient meets these conditions and where it is applied.