If your non-compete is drafted correctly, you can swiftly get to court and obtain what is called “injunctive relief.” That is the power to get a court order that will immediately stop the person or company causing the harm to your business.
For instance, if someone is competing against your business, you can potentially, in the matter of days, get the court to enter an order mandating that that person stop competing with you. Imagine if you have spent years of your life developing a customer base and an employee left with the list to start a competing business and if unchecked would use this list and work months and months at stealing those customers and destroying your business.
With a correctly drafted non-compete, your remedy is there and believe it or not, there is a high degree of certainly of obtaining the relief, unlike most litigation in court.
If the non-compete agreement is not drafted correctly, what happens?
You lose the very protection you thought you had.
Then what are the results?
It opens the door to extensive litigation, attorney’s fees and costs and the court will unilaterally modify the agreement or could throw the agreement out completely.
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