Many companies require all new hires to sign restrictive
covenant agreements (e.g., non-compete, non-solicitation,
confidentiality and non-disclosure). While the enforceability of
such provisions varies by state, courts often take a dim view of
such agreements (particularly those with non-competes), and are
reluctant to enforce provisions that are not reasonable in
duration, geography or scope of duties. Courts may find these
provisions overbroad and contrary to public policy because they are
seen as limiting the employee's ability to earn a living
without being narrowly tailored to the employer's legitimate
business interests. See, e.g., Home Paramount
Pest Cos. v. Shaffer, 282 Va. 412, 718 S.E.2d 762 (2011)
(striking down a non-competition agreement that the court had
upheld 22 years earlier, by holding that the provision no longer
was narrowly tailored to protect the employer's legitimate
interests).
