The Nebraska non-compete agreement is a legal contract between an employer and an employee prohibiting the employee from competing with the employer by engaging or seeking employment in the same field. This type of agreement serves as protection for the employer, who wishes to keep the employee from starting a business in the same industry or providing insider information to a competitor after they have left their position. The non-solicitation portion of the agreement prohibits the employee from soliciting their employer’s customers, clients, contractors, or other employees after the employee has been terminated. Typically, a non-compete agreement places restrictions for a certain period of time post-termination and is restricted to a certain geographical area. Whether or not this contract will be legally binding is a different matter. Nebraska does not explicitly define non-compete clauses in their statutory provisions, making these contracts hard to enforce. Generally, any dispute of a non-compete agreement will be handled in a case-by-case situation; however, an agreement will most likely be upheld if they meet the following requirements:
- The agreement does not deprive the public of valuable goods and services;
- The agreement protects the employer in some legitimate business, but no more than is reasonably necessary; and
- The agreement is not unduly harsh and oppressive on the employee.
Laws – No statutory definition.
Non-Compete Limit – Not statutorily defined.
Non-Solicitation Limit – Not statutorily defined.