The Employment Law Group 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.

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