A non-compete agreement is a legal contract between an employer and employee or between the joint owners of a business. It restricts a person’s ability to do harm to that business by taking away customers, other employees, confidential information, or new profit opportunities, not only after they leave but while still employed.
Courts will enforce non-competes, but only if they are properly written. They must be “reasonable” and not “over-broad” as the law defines those concepts. They cannot extend beyond the limits of the employers “protectable interests” —geographically and competitively—and must have proper time limits. Different employees at the same company might need different contracts.
One size obviously does not fit all. Jones Obenchain regularly advises local, regional, and national employers on a wide variety of employment matters, including non-compete agreements, their formation, and their scope.
Our experience in the field includes:
-Drafting employment and compensation agreements and employment policies;
-Prosecuting and defending non-compete, non-solicitation, non-disparagement, and trade-secrets claims;
-Drafting, negotiating, and implementing employment agreements, confidentiality agreements, and non-competition agreements; and
-Reviewing and updating personnel handbooks and policy manuals.