The likelihood that your non-competition agreement will be applicable depends on several factors. In Maryland, non-competitive claims are dealt with on a case-by-case basis instead of being governed by a general law. In order to determine whether your non-compete agreement may or may not be enforced, it is in your best interest to consult an experienced Maryland lawyer to verify the specific details of your situation, including the terms of your agreement, as well as any severity, clauses, restrictions or conflicting terms contained in the contract. In general, „non-competition prohibitions“ prohibit workers from working for a direct competitor of the former employer for a period of time after the end of their employment. As of October 1, 2019, non-competition prohibitions under the Maryland Law will only apply to workers earning more than $15 an hour or $31,200 per year. The law should not apply to higher-paid workers. In other words, the new law prohibits employers from forcing workers earning less than $31,200 a year or $15 an hour not to work for a competitor after the end of their employment. For example, the courts found that non-competition obligations were unenforceable and imposed unreasonable severity on a worker when the non-compete agreement requires a worker to forego earned or promised benefits, such as pensions. See Food Fair Stores, Inc. v. Greeley, 264 m. 105 (1972) (the respect of this federation that requires the worker to lose his pension benefits while working for a competitor was an unjustified harshness). In addition, where a worker has undergone a significant change in work contributions and a reduction in pay, the Maryland courts have struck down a non-compete agreement because of undue hardship.

See Ecology Servs. Clym Envtl. Serves., LLC, 181 Md. App. 1, 22-25 (2008). For the above reasons, the Tribunal granted the worker`s request for dismissal and found that the non-competition agreement was not enforceable. Therefore, it is considered that a non-compete clause or any conflict clause contrary to the law is null and void on its surface. If an employer accuses a worker earning less than the maximum wage specified in the NCICA of violating a non-compete or conflict of interest clause, the worker would have an affirmative insult to the charge. The employee only has to prove that he or she earns $15.00 per hour, or $31,200 per year, to defeat an employer`s assertion. When an employer sues a former worker for breach of a non-compete agreement, the employer is responsible for proving that the non-competition agreement is valid and applicable. If the employer cannot overcome this initial burden, the employee usually automatically wins the lawsuit.

In Maryland, non-competition prohibitions are required to be enforceable: while they appear unfairly restrictive, Maryland courts understand that many employers need a non-compete clause to survive. Most people would agree that it would be harmful to the employer if a worker, after learning all the „craft tricks,“ immediately starts his own business in direct competition with the former employer. Unlike some jurisdictions, non-competition obligations in Maryland are not subject to legislation. On the contrary, the Maryland courts have set the limits on non-competition prohibitions between workers and employers, through a large number of written submissions at the Tribunal and appelal level. Here, a non-competitive lawyer can help. Agreements are often used to protect an employer`s business secrets and other confidential and protected information. Many employers argue that agreements are necessary to protect them from unfair competition from former employees who work for competing companies or create a competing business, and who then gain competitive advantages by exploiting the employer`s time and cost customer relationships, or confidential customer, business, business practices , the products