People often expect that when parties enter into a contract, the courts will enforce the provisions of the agreement in the event of a dispute. Noncompetition and nonsolicitation agreements, however, are not always enforced. Nonetheless, employers continue to require employees to enter into these agreements.
Covenants not to compete in agreements typically restrict employees who leave their employment from competing with their former employers for a certain period of time and/or distance. Nonsolicitation agreements restrict employees after leaving their employment from soliciting former co-workers to join a competing enterprise. When lawsuits follow, agreements with very specific provisions may be more enforceable than those with overly general and more broadly restrictive provisions.
To discuss any matter arising out of a noncompetition or nonsolicitation agreement, please contact the office to schedule an appointment.