More than ever, today’s workforce is mobile—both in how work gets done and in how often employees change jobs. Information and people move fast. As that happens, businesses risk losing control over trade secrets, customer relationships, and advantageous market positions. Having a robust set of restrictive agreements in place, along with regular practices that protect confidentiality, offers the best protection against loss.
While it might be surprising, courts do enforce non-compete agreements, as long as they are properly drafted and not overly broad in time, territory, and competitive scope. Agreements to stay away from customers are also enforceable, although they, too, require careful wording; documents from the internet or copied from another company will not suffice. In this workshop, we review what these agreements should say (given your particular workplace), and we discuss what to expect from lawsuits to enforce these agreement. Courts are very active in this area, and the law changes constantly. At some point every business faces a critical departure, and limiting the associated losses of information, customers, and other employees is critical to protecting your business.