Employee Non-Compete Agreement (Hawaii): Free template

Employee Non-Compete Agreement (Hawaii)

An Employee Non-Compete Agreement is a legal contract between an employer and an employee that restricts the employee’s ability to engage in competitive activities, such as working for a competitor or starting a competing business, during and after their employment. This agreement protects the employer’s confidential information, trade secrets, customer relationships, and other proprietary interests. In Hawaii, non-compete agreements are enforceable but must be reasonable in scope, duration, and geographic area to protect legitimate business interests.

For example, a hospitality company in Honolulu might require its sales team to sign a non-compete agreement to prevent them from soliciting clients or joining competitors after leaving the company.

Tips for drafting and maintaining an Employee Non-Compete Agreement in Hawaii

1. Identify the parties: Clearly specify the names, contact information, and roles of both the Employer and the Employee.
2. • Example: “This Employee Non-Compete Agreement (the ‘Agreement’) is entered into by [Employer Name], located at [Address], and [Employee Name], residing at [Address].”
2. Define the purpose of the agreement: Explain the legitimate business interests being protected, such as trade secrets, confidential information, or customer relationships.
3. • Example: “The purpose of this Agreement is to protect the Employer’s legitimate business interests, including but not limited to confidential information, trade secrets, and customer goodwill.”
3. Specify the scope of restrictions: Clearly outline the activities the Employee is restricted from engaging in, such as working for competitors or soliciting clients.
4. • Example: “During the term of employment and for a period of [X] months/years thereafter, the Employee shall not engage in any business or activity that directly competes with the Employer’s business within [Geographic Area].”
4. Limit the duration: Ensure the time restriction is reasonable and aligns with Hawaii law, which generally limits non-compete agreements to one to two years after employment ends.
5. • Example: “The restrictions outlined in this Agreement shall remain in effect for a period of [X] months/years following the termination of the Employee’s employment.”
5. Define the geographic scope: Specify the geographic area where the Employee is restricted from competing, ensuring it is reasonable and necessary to protect the Employer’s interests.
6. • Example: “The restrictions in this Agreement apply to the following geographic area: [City, County, State, or Region].”
6. Include confidentiality provisions: Protect sensitive information by requiring the Employee to maintain confidentiality during and after employment.
7. • Example: “The Employee agrees not to disclose, use, or exploit any confidential information obtained during their employment for personal gain or the benefit of any third party.”
7. Address remedies for breach: Specify the consequences if the Employee violates the agreement, such as injunctive relief or monetary damages.
8. • Example: “In the event of a breach of this Agreement, the Employer may seek injunctive relief and/or recover damages incurred as a result of the breach.”
8. Provide consideration: Ensure the Employee receives something of value in exchange for signing the agreement, such as continued employment, a promotion, or a signing bonus.
9. • Example: “In consideration of the Employee’s access to confidential information and continued employment, the Employee agrees to the terms of this Agreement.”
9. Outline governing law and jurisdiction: Ensure the agreement specifies that it is governed by Hawaii law and identifies the appropriate courts for dispute resolution.
10. • Example: “This Agreement is governed by the laws of the State of Hawaii. Any disputes arising under this Agreement shall be resolved in the courts of [County], Hawaii.”
10. Include signatures: Both parties must sign and date the agreement to make it legally binding.
11. • Example: “IN WITNESS WHEREOF, the parties have executed this Employee Non-Compete Agreement as of the date first written above.”

Frequently asked questions (FAQs)