Anti-compete pacts iffy; covenants meant to restrict employee mobility might not pass muster in the courts
Article Abstract:
Courts usually view with suspicion covenants not to compete, though several steps can improve their enforceability. Some consideration, such as an offer of employment, must support the covenant, and post-employment covenants draw particular suspicion. Points courts consider are the restrictive covenant's reasonableness, its necessity to protect the employer's interests, its scope in time and space, and the burden it imposes on the employee and the general public. Variations among state statutes are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Noncompetes; geographical limits
Article Abstract:
The geographic scope typical of noncompetition agreements is discussed. Broad area restrictions far in excess of traditional bounds have been typical of some judicial rulings, resulting in authority with which courts and attorneys can justify the enforcement of such agreements over wide geographic territories. Recent cases are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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Personnel handbooks incite suits; at issue is whether the terms can be read to grant employees a property interest and thus impose obligations on employers
Article Abstract:
The increase in lawsuits alleging that the contents of personnel handbooks present implied contract claims giving the employee a protectable property interest is discussed. Guidelines for drafting a personnel handbook minimizing the possibility of such suits are given.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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