Knowledgeable Dealing With Noncompete Agreement Issues

Allocating Rights In Non-Competes Agreements:  Most state courts find that noncompete agreements are an unreasonable restraint of trade, and some states have either regulated or banned noncompete agreements outright under certain circumstances. While the courts view a noncompete agreement in a sale of business with greater indulgence because it adds value to the sold business, noncompete agreements in employment agreements are reviewed more narrowly because of the uneven bargaining power between employer and employee.

To be an enforceable contract, the noncompete agreement must be reasonable as to the length of time and the geographic area it is in place, the degree of protection afforded to the employer, the restriction it imposes on the employee’s ability to pursue a livelihood, and the extent it interferes with the public’s interest.  Some courts find that continued employment does not support a valid and enforceable agreement.  Whether you are an employer or an employee, these agreements present a challenge: if you are an employer, to protect your business assets and profit, and if you are an employee to pursue your career path and livelihood.  We are experienced attorneys drafting and challenging noncompete agreements in various industries such as the financial sector.

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To learn more about noncompete agreement and the legal issues surrounding them, contact Weiss & Weiss LLC by calling 203-935-8671. You can also reach us by email.