Many employers require its employees to enter into agreements that restrict competition with the employer during or after employment. Enforcement of agreements that restrict or prohibit competition is not prohibited, so long as such agreements are reasonable in time, area, and line of business.

Provided that the agreement complies with the applicable laws, it will be enforced. A court shall not, however, enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought. In addition, courts will not enforce a restrictive covenant unless it protects a legitimate business interest. Legitimate business interests include:

• Trade secrets;
  
  
• Valuable confidential business or professional information that otherwise does not qualify as a trade secret;
  
  
• Substantial relationships with specific prospective or existing customers, patients, or clients;
  
  
• Customer, patient or client goodwill associated with:
  
  1. an ongoing business or professional practice by way of trade name, trademark, service mark, or “trade dress”;
  
  2. a specific geographic location; or
  
  3. a specific marketing or trade area;
  
  
• Extraordinary or specialized training.

Our firm represents the interests of both employees and employers in drafting and litigating non-compete agreements. Before either party signs a non-compete agreement, it is best to have a qualified attorney review it, and that’s why we are here.