Employers and employees both have rights when it comes to noncompete agreements. 

Why a Noncompete Agreement?

Employers need a mechanism to protect themselves from loss of proprietary information, customer relationships and valuable employees.  Employees need the ability to take advantage of new employment opportunities, while mitigating risks former employers may retaliate.  The noncompete agreement is one way to balance each side’s rights.

What Are Noncompete Agreements?

Whether you call them noncompete agreements, restrictive covenants or covenants-not-to-compete, the agreement has to pass certain tests such as, length of time, reasonableness and geographic reach.  Even if a court invalidates part of an agreement, the remaining portion still may be valid.  A carefully drafting agreement can maximize enforceability and minimize risk.

What Kinds of Experience Do Eastman & Smith Attorneys Have?

Our attorneys have experience drafting, reviewing, litigating and defending noncompete agreements and have the ability to respond quickly in these matters.  We have represented all sides in our noncompete practice including former employers, new employers and employees.  This gives us a unique perspective in regard to noncompete issues.  Examples of the types of issues we address are:

• Representing parties in temporary restraining order hearings, preliminary injunctions and other litigation involving noncompete agreements.
• Creating noncompete, non-disclosure, restrictive covenant and non-solicitation agreements.
• Drafting settlement agreements, motions and discovery.
• Reviewing noncompete agreements for enforceability.
• Negotiating resolutions to breach of noncompete agreements.
• Developing strategies for using noncompete agreements.
• Advising:
  • employers on hiring competitors’ employees.
  • employees on working for competitors.
  • on issues pertaining to noncompete agreements.
• Creating protocols and procedures for new hires regarding noncompete agreements, trade secrets and other confidential information.
• Auditing employers’ noncompete, trade secrets and other measures for protecting company assets.

Whom Do You Represent?

In addition to counseling individuals, our attorneys have represented companies in a wide range of industries including health care, insurance, manufacturing, construction, retail and services.  Thus they are attuned to issues that are pertinent to certain industries.

Are There Other Forms of Protecting Business Assets?

Noncompete agreements are just one method used to protect business assets.  Trade secrets, Ohio Deceptive Trade Practices Act and Michigan Uniform Trade Secrets Act are others.  Thus, if there is not a noncompete agreement in place, there may be other legal actions that can be taken.  Our multidisciplinary team includes attorneys from our Intellectual Property Practice Group who regularly address trade secrets and other forms of intellectual property protection.

For questions or concerns regarding noncompete agreements, please contact one of our Noncompete Agreement & Trade Secrets attorneys.

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