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Employment Lawyer


Dbeasy

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GoLL handles that type of thing with regularity.  Troph did once.  I used to.

The relevant statute is here.

Generally speaking, to be enforceable it must be

  • ancillary to an otherwise enforceable agreement (not just at-will employment)
  • reasonable as to
    • time
    • territory
    • scope of activity restrained

It is no longer the law, but at one time, it was virtually a prerequisite that the employee at issue had received trade secrets/confidential information to enforce a covenant not to compete.

Although that is no longer the law, it is still my observation that covenant not to compete lawsuits/disputes devolve into trade secret lawsuits 9 times out of 10 because the covenant is hard to enforce.

Thus, the critical question may be, what "proprietary" information of the past employer do you possess that they might contend is valuable in the hands of your next employer or your self-employment in competition with them.

Edited by TwiceHorn
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Also, as to reasonableness, time is going to have to be less than two years, generally.  Territory is probably going to need to be restricted to the county or counties in which you actually worked.   And scope of activity restrained needs to be something more specific than "in competition with."

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