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Restrictive Covenants / Non-Compete Agreements

In any dispute that arises regarding a non-compete agreement or clause (the “Non-Compete Agreement”), the most important issue is whether the non-compete is actually enforceable by a court with proper jurisdiction. Generally speaking, the factors that are weighed in determining whether a non-compete will be found to be enforceable are:

  • Employment Restrictions – Are the employment restrictions within the non-compete restricting an employee from working for current competitors or do they also include restrictions on working for companies or performing jobs that are not linked to competitors?
  • Duration of the Non-Compete Agreement – Is the duration of the non-compete for a period greater than that needed by the employer to adjust to the loss of the employee? Or is the duration considered a reasonable period in order to protect the employer’s short-term business interests?
  • Unreasonable Restrictions – Are there clauses within the non-compete that call for restrictions that are unrelated to the protection of the company attempting to enforce the non-compete?
  • Geographical Limitations – The question of whether the geographical area being restricted by the non-compete is too broad will always be analyzed in weighing whether the non-compete is enforceable. Another relevant variable in the analysis of geographical limitations is whether an employee will be able to find work near his or her home if the non-compete is deemed enforceable.

Should you feel that your employer has violated your rights, feel free to contact us online or give us a call at 954-384-6114. An experienced attorney will assess your claim and explain to you the legal options available to you.