All Employment Law Articles about Non-competition

Can they enforce my Non-compete if they Fired Me?
Non-competition agreements hit fired employees particularly hard, especially when the employer fires the employee without warning or cause. Non-competes hits fired employees with a second whammy, a ba...
posted by Neil Klingshirn  |  Oct 4, 2014 2:10 PM [EST] in Non-competition  |  applies to All States

Help for Non-competition Problems
Non-competition agreements can block promising career paths. Even so, every state enforces them, but within limits. For help solving your non-compete problems, learn the limits. Neil Klingshirn has wr...
posted by Neil Klingshirn  |  Dec 21, 2010 2:42 PM [EST] in Non-competition  |  applies to All States

Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m...
posted by Neil Klingshirn  |  Nov 4, 2010 1:47 PM [EST] in Non-competition  |  applies to All States

Enforcing Non-competition Agreements after the Sale of a Business
If an employer with non-competition agreements sells its business to a new buyer, the buyer does not necessarily acquire the old employer's/seller's rights in its non-competition agreements. The buyer...
posted by Neil Klingshirn  |  Nov 4, 2010 1:27 PM [EST] in Non-competition  |  applies to All States

Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint is: reasonable in that it is no greater than nece...
posted by Neil Klingshirn  |  Feb 17, 2010 10:08 AM [EST] in Non-competition  |  applies to Virginia

Choice of Law in Non-compete Cases
Non-compete laws vary significantly from state to state. California law favors employees, while Ohio law recognizes and protects most employer interests. Thus, the law that a court chooses to apply to...
posted by Neil Klingshirn  |  Feb 7, 2010 3:15 PM [EST] in Non-competition  |  applies to All States

Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445...
posted by Neil Klingshirn  |  Jan 22, 2010 4:31 PM [EST] in Non-competition  |  applies to Michigan

Physician non-competition agreements in Michigan
Michigan non-competition agreement law states that an employer may protect an employer's reasonable competitive business interests, but its protection in terms of duration, geographical scope, and the...
posted by Neil Klingshirn  |  Jan 22, 2010 4:08 PM [EST] in Non-competition  |  applies to Michigan

Indiana Non-competition Law
Indiana courts disfavor covenants not to compete, which they view as in restraint of trade. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co. 492 N.E.2d 686 (Ind. 1986). Indiana courts strictly constr...
posted by Neil Klingshirn  |  Jan 22, 2010 1:04 PM [EST] in Non-competition  |  applies to Indiana

California Non-competition Law
At one time California courts enforced contractual restraints on competition as long as they were reasonably imposed. However, in 1872 California adopted a public policy favoring open competition and ...
posted by Neil Klingshirn  |  Jan 2, 2010 4:28 PM [EST] in Non-competition  |  applies to California

Arizona Non-competition Agreement Law
Historically, Arizona courts viewed covenants not to compete unlawful restraints of trade. Eventually, Arizona courts began to enforce ancillary restraints on competition, such as those incident to em...
posted by Neil Klingshirn  |  Jan 1, 2010 2:17 PM [EST] in Non-competition  |  applies to Arizona

New York Non-competition Law
New York state courts enforce post-employment non-competition agreements under certain circumstances, but their examination of restrictive covenants is rigorous. New York courts adhere to a strict app...
posted by Neil Klingshirn  |  Dec 13, 2009 11:35 AM [EST] in Non-competition  |  applies to New York

Illinois Non-competition Agreement Law
Illinois courts are reluctant to enforce restrictive covenants and scrutinize them carefully. Nevertheless, Illinois courts will enforce a restrictive covenant if it is ancillary to another transactio...
posted by Neil Klingshirn  |  Nov 4, 2009 4:21 PM [EST] in Non-competition  |  applies to Illinois

Enforcability of Texas Non-competition Agreements.
To be enforceable under Texas law, a non-compete must be: ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; to the extent it contains limitations as to time...
posted by Neil Klingshirn  |  Aug 29, 2009 4:00 PM [EST] in Non-competition  |  applies to Texas

Fighting Florida Non-competition agreements
Many Florida employees believe that, just because an employer forced them to sign a non compete agreement or be fired, they are not bound by the non-compete agreement. That is just not true. Continued...
posted by Donna Ballman  |  Aug 8, 2009 09:57 AM [EST] in Non-competition  |  applies to Florida

Pennsylvania Non-competition agreements
“Non-competition” or “noncompete” agreements are one of a particular kind of contract, termed “restrictive covenants,” under Pennsylvania law. As in most states, noncompetition agreements ...
posted by Christopher Ezold  |  Aug 3, 2009 10:13 AM [EST] in Non-competition  |  applies to Pennsylvania

Overview of U.S. Non-competition Agreements
A non-competition agreement, also know as a covenant not to compete, is a promise by an employee not to compete with his or her employer for a specified time, in a particular place or in a particular ...
posted by Neil Klingshirn  |  Jul 28, 2009 08:29 AM [EST] in Non-competition  |  applies to All States

Florida's Statutory History for Non-Compete Agreements
Florida law governing non-compete agreements has gone through three major variations since 1953. The enforceability of a covenant not to compete under Florida law is governed by the law in effect at t...
posted by David Goldman  |  Jul 24, 2009 1:00 PM [EST] in Non-competition  |  applies to Florida

Ohio Physicians and Doctor non-competition agreements
Non-competition agreements are generally disfavored in the medical profession, but they are not per se unenforceable. Ohio Urology, Inc. v. Poll (1991), 72 Ohio App.3d 446, 451; General Med., P.C. v. ...
posted by Neil Klingshirn  |  Jul 23, 2009 1:04 PM [EST] in Non-competition  |  applies to Ohio

Non-competition Agreements in Ohio - History and Law
History of non-competition agreements in Ohio As in other states, Ohio courts at one time viewed noncompetition agreements with some skepticism. Agreements in restraint of trade, including noncompetit...
posted by Neil Klingshirn  |  Jul 30, 2008 09:54 AM [EST] in Non-competition  |  applies to Ohio