Employers are increasingly requiring applicants and employees to execute non-compete agreements, confidentiality agreements, and/or non-solicitation agreements as a condition of employment. Employers also regularly incorporate such clauses into severance agreements. These restraints on an individual’s liberty can pose a substantial impediment when unforeseen circumstances arise.
The enforceability of a non-compete agreement hinges on how it balances the individual’s right to work against the employer’s legitimate business interests. This is a very individualized assessment that must be evaluated on a case-by-case basis. Of primary importance is the reasonableness of the terms with regard to duration of time, geographical scope, and how broadly the individual is prevented from engaging in gainful employment.
We invite you to contact us if you would like us to review your non-compete agreement.