Are Employment Non-Compete Agreements Enforceable?

Gary Trachten, named partner of Kudman Trachten Aloe & Posner LLP, was recently published by and in Employee Relations Law Journal discussing whether employment non-compete agreements are enforceable. An excerpt from the article:

“Whether and the extent to which a non-compete is enforceable (where enforceable at all) in a court depends little on the language of the agreement but a great deal on the circumstances. But this is the most important thing to know: Regardless of what a court would decide, non-competes are most often self-enforcing. That is because most employers, even if they recognize that the applicant’s non-compete is not likely enforceable, will usually decline to hire someone who signed a non-compete because they want to avoid the risk and expense an of potential litigation.

And that risk is not limited to becoming embroiled in litigation against (and seeking to enjoin) the employee, but also litigation against the new employer. If the new employer procures an employee’s breach of a valid non-complete, the new employer could be liable to the former employer for interference with the non-compete agreement.”

Gary Trachten

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