I received a job offer from a Biotech R&D that has post-employment restriction in their confidentiality and proprietary rights agreement under one of the point ""Restrictions on Unfair competition". The language restricts my future employment anywhere in the world with any competitor working on similar research products for a year. This seems unacceptable, as it restricts my right to find a job within my expertise if i do not want to work with the employer in future for family reasons or plan to move out of the area. The company HR is emphasizing that the language is incorporated to restrict any employee from starting a new company after gaining the knowledge and infact they have never enforced such agreements with any employee who has parted with the company in the past and has joined their competitor. Are such agreements enforceable in MD? Any other advice?
I currently work with a contract research service organization (CRO) and also have a post-employment restriction that i had signed which limits my ability to join any other CRO within 100 mile distance in NC.
The restriction likely would not be enforced by a court as it is against public policy. The clause makes the employee unemployable for a one-year period and serves no valid business purpose. However, the time to fix the language is before you sign the agreement and not wait to see if a court would enforce the agreement. If the employer represents to you that it "never has enforced such agreements" in the past, it should have no problem deleting the restrictive language from your employment agreement.
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