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Indeed, a review of published decisions (and status) in this area indicates that the rule of non-competition without consent is the position (or likely position) of sixteen (16) states, while 22 (22) States have not yet addressed the issue. The other 11 (12) Countries supported the position that non-competitive workers cannot be transferred without the agreement of the workers. The following is a discussion of the main cases (s) in each state on this subject. The Nevada Supreme Court held that non-compete agreements are of a personal nature to employees and cannot be surrendered without the employee`s consent. In Traffic Control Services, Inc. v. United Rentals Northwest, Inc., 120 Nev. 168 (2004), the purchaser of a company`s assets sued the company`s incapacity to compete agreement with its employee and sought an injunction granted by the court. There was no transfer provision in the agreement. The Tribunal set aside that decision on the basis that the worker`s non-compete agreement was not attributable to the applicant. After reviewing the distribution of powers in this matter, the Supreme Court found that the disputed competition and confidentiality agreements were (1) “independent” and (2) the assignment “substantially altered the obligations of the worker” and (3) that the agreements did not depend on “employer-specific qualifications”. Symphony Diagnostic Servs. It should also be noted that the agreements did not contain any language with respect to transfer capacity, i.e.
they did not explicitly limit or authorize the transfer. Symphony Diagnostic Servs. No 1 v. Greenbaum, 97 F. Supp.3d 1126 (W.D. Mo. March 16, 2015). In these real circumstances, the 8th Circuit, under Missouri law, concluded that a Missouri court would consider the agreements disrespectable and applicable. In AutoMed Techs., Inc. v.
Eller, 160 F. Supp. 2d 915 (N.D. III. 2001), the Tribunal rejected the defendant`s request to dismiss the appeal charge which alleged that they had violated non-compete agreements with their former employer, whose assets were subsequently acquired by the applicant. The agreements did not contain any transfer provisions.