Question
Discuss non-compete agreements and compare the application of Maryland and California law to such agreements. Review the article links below about the TEK Systems case
Discuss non-compete agreements and compare the application of Maryland and California law to such agreements.
Review the article links below about the TEK Systems case (which applies Maryland's law on non-compete agreements) and Huffingtonpost article onCalifornia's law regarding non-competes.
https://law.justia.com/cases/federal/district-courts/maryland/mddce/1:2008cv03099/163547/44/
https://www.natlawreview.com/article/maryland-law-bars-enforcement-non-compete-agreements-against-low-wage-workers
https://www.ebglaw.com/wp-content/uploads/2014/06/47168_PLC-Non-compete-Laws-Maryland.pdf
https://www.huffpost.com/entry/understanding-californias-ban-on-non-compete-agreements_b_58af1626e4b0e5fdf6196f04
Question.
I want you to focus on non-compete agreements and not on non-solicitation of clients or confidentiality. Moreover, focus your discussion (as directed below) on an employer's ability to restrict and/or prevent an employee from taking a position or job or owning a company that competes against the employer after the employee has terminated his or her employment.
Describe your thoughts on the matter - mainly, do you support Maryland's law (which allows non-compete agreements subject to certain conditions) or California's law (which prohibits non-competes in the context described above). Explain your reasoning/position - note that I am not looking for a detailed analysis - rather, I want your view from a public policy perspective - think of the issues involved both from the employee's point of view and from the employer's point of view.
If you agree with California's law that non-compete agreements should generally not be allowed, then identify any possiblelimitedexceptions to your conclusion.
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