October 22, 2019

October 21, 2019

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Utah Bill Seeks To Ban Post-Employment Non-Compete Restrictions

On February 2, 2016, the Post-Employment Restrictions Act, H.B. 251, was introduced in the Utah House of Representatives. Sponsored by Representative Mike Schultz (R), the bill would prohibit most types of agreements and policies that restrict an employee’s actions after termination of employment.

Specifically, the bill would ban post-employment restrictions that restrict the employee from:

  • providing products, processes, or services that are similar to the employer's products, processes, or services;

  • working in the same industry as the employer, or

  • owning, either directly or indirectly, an interest in an entity that provides products, processes, or services that are similar to the employer's products, processes, or services.

In short, this bill would prevent Utah employers from having non-compete agreements with its employees that extend beyond the termination of the employment relationship.

Copyright Holland & Hart LLP 1995-2019.

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Mr. Benard regularly represents both private and public clients in wrongful termination, harassment, and discrimination claims in both federal and state courts, as well as in administrative proceedings before federal and state agencies. He provides sound counsel to clients regarding employee relations, employee contracts, and employee handbooks.

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