Non-Compete Roundup: A Nationwide Survey of the Challenges Associated With Enforcing Restrictive Covenants
As the economy expands, more and more companies are trying to restrict workers from leaving and using the knowledge they gained from their employment for the benefit of their competitors. The extent to which companies can legitimately do this, however, is tightly controlled by state law. While some states have little problem enforcing such restrictions, others will not do so except under the most dire circumstances.
|This is one area where a cookie-cutter or one-size-fits-all agreement simply will not work. Employers who want to have restrictions they can enforce must pay careful attention to the laws of the jurisdictions where they operate and, more importantly, where their employees work.|
|We will review the current state of the law regarding non-competes, as well as non-solicitation and non-disclosure provisions, with an eye toward how employers can develop effective strategies to simplify rolling out such agreements for employees and structuring the terms so they stand the best chance of being enforced.|