Dallas non-compete lawyer Keith Clouse notes that an employer that takes these steps may increase its ability to enforce a non-compete agreement.
1. Choose the right covenant. An employer may restrict an employee’s right to solicit employees, compete, or solicit customers. Select the least restrictive covenant that will protect the employer’s interests.
2. Choose the right employees. Be selective and enter into agreements only with those employees who have the capacity to damage the company in a measureable way.
3. Know the law in the applicable jurisdiction. Non-compete law varies widely from state to state. Pick the right state’s law to apply to the agreement and make sure the non-compete agreement complies with any required elements.
4. Provide appropriate consideration. State laws governing consideration vary. Provide adequate consideration so that a court may enforce the agreement.
5. Enforce all non-compete agreements. If a company has sufficiently narrowed the number of employees bound by these agreements, the company should be able to pursue any breach of a non-compete agreement. Doing so shows that the company has valid business interests worthy of protection and sends a strong message to other employees.
To speak to an employment law attorney about non-compete agreements, send an email to email@example.com or call (214) 239-2705. This article is presented by the Dallas employment law lawyers at Clouse Dunn LLP.