Areas of Practice
- Business Law
- Civil Litigation
- Consumer Rights
- Criminal Law
- Employment Law
- Age Discrimination
- Disability discrimination
- Gender Discrimination
- Illegal Workplace Retaliation
- National Origin Discrimination
- Non-Compete and Non-Solicitation Agreements
- Pregnancy Discrimination
- Racial Discrimination
- Religious Discrimination
- Severance Offers and Negotiations
- Sexual Harassment
- Unemployment Compensation
- Family Law
- Name Changes
- Personal Injury
- Probate and Estate Planning
- Real Estate Law
- Traffic and License Offenses
How Non-Compete and Non-Solicitation Agreements can affect you
More and more, companies both large and small are attempting to protect against competition through the inclusion of non-competition and non-solicitation agreements.
Often, new employees are obligated to sign these agreements as a condition of hire, and current employees are obligated to sign these agreements as a condition of continued employment.
Non-compete agreements usually restrict when and where you will be permitted to compete against your former employer, while non-solicitation agreements preclude you from soliciting your former employer’s clients and/or employees to join you at your new business or that of a competitor’s.
Generally, non-compete agreements are enforceable if:
- the employer demonstrates it has a legitimate business interest to protect;
- the restrictions are no greater than necessary to protect the employer’s business interest; and
- it does not unnecessarily restrict an individual’s ability to earn a living.
Every case is unique. The law must balance between protecting a business’ interest and an individual’s ability to earn a living.
Because the legal enforceability of these types of agreements are very fact intensive, it is important to review your situation and agreement with legal counsel. If you are faced with a non-compete or non-solicitation agreement, contact our office for a consultation to discuss your situation.