Non-Compete Litigation

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.