November 26, 2020

Volume X, Number 331

Hot Employee Mobility Issues in the Time of COVID-19

COVID-19 has not only created a plethora of workplace safety, accommodation, and leave issues, it has also created new employee mobility challenges for employers:

  • How can employers maintain the “trade secret” status of their confidential information when employees are working from their kitchen tables?
  • No matter how egregious the violation, will a court enforce a restrictive covenant given the trying economic circumstances?
  • Will selective enforcement of restrictive covenants result in courts questioning whether a given restriction is supported by a legitimate business interest?
  • Are “furloughs” in fact layoffs, liberating employees in those states where restrictive covenants are not enforceable where employees are involuntarily terminated?
  • Should recalled employees be asked to sign new restrictive covenants? If so, are they entitled to new consideration?
  • What effect will temporary work relocation have on choice of law?
  • And many more

In addition to these practical challenges, Covid-19 has played a prominent role in proposed legislative constraints on restrictive covenants in at least one state—Illinois. What will happen there, and will other states follow?

And last but certainly not least, will the outcome of the Presidential election affect restrictive covenants on a national level?

Upcoming Legal Education Events

Tuesday, December 8, 2020
Wednesday, December 9, 2020
Wednesday, December 9, 2020
Wednesday, December 9, 2020
Thursday, December 10, 2020
Thursday, December 10, 2020
Thursday, December 17, 2020