It seems, therefore, that when an employment contract uses the term “ray” to describe a geographical restriction, many dishes will interpret the “ray” in accordance with its usual meaning in the dictionary – a straight line drawn from the middle to the circumference of a circle. This is where the new Google Earth measurement feature and other similar mapping programs could be a useful tool for parties and courts to determine and illustrate the exact geographic limits of the restrictions. Where an employer and a worker have entered into both a non-competitive agreement and compensation in the employment contract or confidentiality agreement, and the employer has not paid that compensation for three months after the termination or expiry of the employment contract for reasons of its own and the worker asks for the termination of the competition contract, the People`s Court supports this request. In competition cases, courts in other jurisdictions have reached similar conclusions as to the meaning of the terms “a radius of [X] miles” or “within a radius of [X] miles.” A New Jersey court, for example, stated that “if the area is expressed in a restrictive alliance by the use of the word “ray,” the prohibited distance should be measured along a direct line. If the parties intend to do otherwise, it must be made clear. Scuitier v. Barile (N.J. Div. 1950); see also Cook v. Johnson (Conn. 1879) (the ten-mile radius was ten miles in all directions of the central village of Litchfield); Thompson v. Allain (Mo.
1964) (explains the language used in the non-competition physician, “fifty (50) miles radius,” without qualification, could not mean miles of road; Maine v. Seals (Wash. 1949) (line was determined by a straight line, regardless of the distance travelled by the nearest route); BJ of Leesburg, Inc. v. Coffman (Fla. Dist. Ct. App. 1994) (“Ray is a common method of describing areas where non-competing operations cannot be carried out and can be calculated accurately.” For a worker who is required to protect the employer`s confidentiality and trade secrets, the employer and the worker may agree to the inclusion of non-compete clauses in the employment contract or a separate confidentiality agreement.
In the event of termination or expiry of the employment contract, the employer pays monthly compensation to the worker during the agreed non-competition period. If the worker does not object to non-competition, he pays damages to the employer as agreed. The recent tillman/Egon Zehnder decision on restrictive agreements has shifted a centuries-old principle into competition clauses. but… Employers may impose additional restrictions on their workers after termination, and the two most common forms of restrictions are incompalization and non-invitations. But just because it`s written doesn`t mean it`s applicable, even if you signed it.