Q: Can a business owner require employees who do programming and design work to sign a different non-compete than other employees?
A: Yes. It’s fairly common in systems integration companies to have an employee agreement that defines the work-for-hire provisions of their job. Basically, this means that while employees work for your company, they are required to turn over to the company any patents, software improvements, intellectual property, trade secrets or other work results they were involved in. This matter has been tested in many court cases and, in each case I know of, the employer has prevailed. Make sure you have these employment contracts in place in your business.
Need an agreement? NSCA corporate members can log in to our Essentials of Systems Integration™ Online to access customizable non-compete agreements. — CW