Armin Hohenadler

C. the employment of a doctor with a party who wants to enforce the agreement. The New Mexico courts have ruled that restrictive agreements are applicable if the conditions are appropriate and necessary to protect a legitimate business interest of the employer. Factors taken into account in determining adequacy include the harshness that an agreement imposes on the former worker, its impact on the community, and the time, territorial and activity constraints of the former worker. Agreements may be considered unenforceable when a court considers them inappropriate in terms of duration, geographic scope and nature of employment or activity. If a court finds an agreement inappropriate, it can amend the agreement so that it does not unduly violate the former employee`s ability to work. Whether a judge concludes that the alliance is enforceable can be a challenge to know in advance. While the interests of employers are important, New Mexico courts also attach great importance to an individual`s ability to pursue employment opportunities. As a result, a court is generally maintained only non-competition prohibitions deemed appropriate in the current circumstances. Some provisions deemed inappropriate by the courts include concepts that take an unusually long time or that cover an unreasonably broad geographic environment in Albuquerque.

Employers should keep these issues in mind when asking workers to sign restrictive agreements. It is also important to know whether potential new recruits have a non-compete agreement with a former employer. In some cases, the new employer may be held liable to the former employer if the worker`s hiring was contrary to the agreement. Different rules may apply to situations in which a business is sold in whole or in part and where the buyer and seller are entitled to a restrictive agreement. 24-11-2. Applyability of a non-compete clause. The effect of this agreement is summed up in the introduction to this treaty. This is under the title „1.

Purpose“ and requires direct entry. The first blank line available is reserved, so that the legal name of the company or entity that intends to share information with the recipient. Of course, this paragraph also requires the identity of the contract recipient. Enter the full name of the receiving part on the second empty space. For physicians of health: NMSA 1978, No. 24-1i-1 to 24-1i-5 governs agreements reached after July 1, 2015. Agreements for health physicians that restrict the physician`s right to provide clinical health care within the state are not applicable in the event of termination of the agreement, renewal or renewal of the agreement or employment of physicians with a party that wants to enforce the agreement. Workers may be required to repay a loan, a move or part of a signing bonus if they worked less than three years with the employer at first. Of course, there will be some nuances depending on the situation.

Therefore, as with any contract, its conditions must be fair to both participants. In other words, the wording given here will also protect the recipient from unfair pressure. In addition to fairness, it is important to keep in mind that these documents should be presented at the beginning of a business relationship in order to be effective.