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In Wyoming, a non-compete agreement is a legal document that allows businesses and companies to protect their business practices and trade secrets by receiving a written promise from their employees that they will not share sensitive company information with competitors once their employment comes to an end. This means that once the employee no longer works for the company, he or she must refrain from procuring employment with certain companies, or refrain from working a similar job within a certain geographic region. Although these agreements are most commonly used in the context of an employment relationship, this type of agreement can also be used in the sale of a business.
Non-compete or non-competition agreements are legally enforceable and prevent an employee from spreading sensitive information by exposing them to fines, reparations, and possibly jail time should they violate the agreement. They may exist as standalone agreements or part of a contract for employment that may also include a non-disclosure and non-solicitation agreement.
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Wyoming has no specific non-compete agreement statutes. The Wyoming Supreme Court has upheld a non-compete agreement that was (1) in writing, (2) part of a contract for employment, (3) based on reasonable consideration, and (4) not against public policy. Hopper v. All Pet Animal Clinic, Inc. 861 P.2d 531, 540 (Wyo. 1993).
Non-compete agreements and employment agreements that contain restrictive covenants should be formed in good faith. They should be fair to both the former employee and the former employer. They should not impose a greater restriction than necessary on the employee in order to protect the interests of the employer. This means that they should not be broader than necessary in geographic scope or period of time.
If you are drafting or signing a non-compete agreement or employment contract, it is prudent to seek legal advice from an employment law attorney who is licensed in the state of Wyoming. An employment law lawyer will be able to offer you specific advice about the reasonableness of your agreement, the time period and geographic limitations, whether the employee's rights are being protected, and ensure that the agreement is protecting a legitimate business interest.
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A Wyoming non-compete agreement generally includes the following clauses (provided that they are reasonable in scope):
Once the non-disclosure agreement is executed, the parties should keep a copy of the document for their records.
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