Study On The System Of Post-employment Non Competition In America

In America, the system of post-employment non competition has not formed in one single day but only through a long time development and change. The states of America are different in rules and regulations of non competition, so it's very difficult to comprehend the complete picture of the American law. This article grounds on the statute law and the case law, and deeply research the post-employment non competition. Besides foreword and epilogue, there are four chapters in the paper:Chapter one: The general principles and conditions of non competition. Connotations of non competition are very plentiful, and there are legal non competition and non competition agreement. Post-employment non competition is the latter. Post-employment non competition agreements are varied. This chapter mostly analyzes the concept, property, theoretical principle and evolution.Chapter two: The analysis of post-employment non competition agreements'legal validity. This part centralizes on the criteria for enforceability of post- employment non competition agreement, the analysis of an overly broad post-employment non competition agreement's validity, consideration, impunity of employee.Chapter three: The relief for breach of the post-employment non competition agreement. A court may award the promise under a post-employment non competition agreement not to compete damages, injunctive relief, or both damages and injunctive relief for a breach by the promisor of the agreement.Chapter four: The revelation of the system of post-employment non competition of America for china's lawmaking.