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The attorneys at The Employment Law Group® law firm have experience representing employees in litigation concerning non-compete agreements, also known as restrictive covenants.
When is a non-compete agreement unenforceable?
The enforceability and validity of a non-compete is usually controlled by state law. There are many bases upon which an employee can challenge the enforceability of a non-compete, including the following:
The restriction provided by the non-compete agreement is not necessary to protect the employer's business interest;
The restriction precludes the employee from earning a living;
The restriction violates public policy;
The temporal scope of the non-compete agreement is overly broad;
The geographic scope of the restriction is unreasonable;
The non-compete agreement is unclear or ambiguous; or
The employer terminated the employee for an unlawful reason.
Pace of Non-compete Litigation
Non-compete litigation often moves at a quick pace, and may require an immediate response to a motion for preliminary injunction or a motion for a temporary restraining order. Accordingly, it is critical to retain skilled counsel capable of promptly preparing an effective response.
The Employment Law Group® law firm has published an article on non-compete litigation. To read the article, click here.
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The Employment Law Group® law firm represents employees nationally who have blown the whistle on corporate fraud and abuse and who have been the victims of discrimination, harassment, or other violations of their civil rights. With offices in Washington, D.C., San Francisco, and Los Angeles, California, The Employment Law Group® law firm’s seasoned trial attorneys have earned a highly desirable record of favorable settlements and verdicts on behalf of its clients.