from the brain of: Libby Elizabeth

Oct 2021

Staffing Non Compete Agreement

The rationale for this measure is similar to geographical restriction, as jurisdictions generally consider non-compete rules to be illegal restrictions on trade. In most states, the answer is yes. Most States offer a mechanism for testing the applicability of a treaty. This mechanism is called a finding judgment. Depending on the availability of this remedy in your state and the tactics involved in each situation, it may be helpful for the employee to bring an action for a finding asking the court to determine whether the agreement is enforceable. There are many practical and tactical considerations in deciding whether, as an employee, you should bring a finding action to challenge a non-compete obligation. There is no uniform answer to this problem….

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