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Non-Compete Agreements: What You Need to Know

Understand your position

Non-compete Experience

  • Employer side: drafting, implementing, and enforcing non-compete, non-solicitation, and confidentiality agreements to protect an employer’s business interests.
  • Employee side: reviewing, negotiating, and advising employees on the scope, strength, and enforceability of their non-compete and other agreements.
Are non-compete agreements enforceable? It depends. Yes, that is a lawyerly answer, but it’s the truth. Non-compete agreements are subject to state law. Some states, like California, have strong (but not absolute) restrictions on non-compete agreement.
But the answer for the majority of states is yes, non-compete agreements are enforceable, provided they are reasonable in terms of duration, scope, and tied to protecting legitimate business interests.

These types of agreements are fact-intensive. No two non-compete situations will be identical. To fully understand the enforceability of the agreement, we must understand the context, the employee’s role, the potential new job, and the types of information that employee might bring to his or her new employment.

Non-compete agreements are often misunderstood, misused, or not used at all for fear that it can’t be enforced. To understand your position, contact us for a consultation.

What is it?

Contracts that prohibit employees from working with competing businesses for a certain period of time within a certain geographical area.

Do I need it?

These agreements can be strong tools to protect legitimate business interests.

How much?

We usually perform this work at our standard hourly rate, with total starting at $1,500 and going up from there.

Have a Non-compete issue?