October 15, 2019

October 14, 2019

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The Three Seats of Noncompetes: Mistakes We See When Employees Move

We often write about developments in the area of noncompete law, primarily case law and statutory developments across the country in this highly state-specific area. This year will likely be no different – among other things, the seemingly annual ritual of Massachusetts noncompete legislation has begun anew. While the rules shift and evolve, when employers and employees find themselves in disputes over noncompetes, there are recurring themes or factors that might have been avoided.

This article we wrote reviews these factors, broken down by the three actors present in virtually every noncompete dispute:

  • The employee who signed the agreement

  • The employee’s former employer who holds the noncompete and seeks to enforce restrictions

  • The new employer who seeks to employ the employee in some capacity

For example, we often find that an employee signed the agreement without talking to a lawyer and, as a result, did not fully understand the potential ramifications of the agreement. That misunderstanding manifests itself when the employee moves without full awareness of possible restrictions on his/her activities.

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William A. Nolan Labor and Employment Law Attorney Barnes Thornburg Law Firm Columbus
Partner

William A. Nolan serves as the Managing Partner of Barnes & Thornburg LLP’s Columbus, Ohio, office, which he opened in 2009. He is a member of the firm’s Labor and Employment Law Department. Bill has extensive experience as a litigator, trial lawyer and counselor. His practice includes a broad range of issues that organizations face in our rapidly changing competitive, legal and workplace environments. In short, he works to help management structure organizations, practices and relationships to proactively minimize the business disruption of disputes, and to help clients prevail when...

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