General Assembly Raised Bill No. 6658
January Session, 2013 LCO No. 4718
*04718_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6658
January Session, 2013
LCO No. 4718
*04718_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING EMPLOYER USE OF NONCOMPETE AGREEMENTS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2013) (a) As used in this section:
(1) "Employee" means any person engaged in service to an employer in the business of the employer; and
(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision thereof.
(b) Except as provided in section 31-50a or 31-50b of the general statutes, an employer may obtain from an employee an agreement or covenant which protects an employer's reasonable competitive business interests and expressly prohibits an employee from engaging in employment or a line of business after termination of employment if (1) the agreement or covenant is reasonable as to its duration, geographical area, and the type of employment or line of business, and (2) prior to entering into the agreement or covenant, the employer provides the employee a reasonable period of time, of not less than ten business days, to seek legal advice relating to the terms of the agreement or covenant.
(c) Any person who is aggrieved by a violation of this section may bring a civil action in the Superior Court to recover damages, together with court costs and reasonable attorney's fees. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court may limit the agreement to render it reasonable in light of the circumstances in which it was made and specifically enforce the agreement as limited.
(d) The provisions of this section shall apply to agreements or covenants entered into, renewed or extended on or after October 1, 2013.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
New section
Statement of Purpose:
To allow an employee who, as a condition of his or her employment, is required to execute a noncompete agreement or covenant a reasonable opportunity to seek legal advice prior to entering into such agreement or covenant.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]