Non-Compete: Who Is The Bad Actor?

Against the backdrop of a continuing trend of low rates of unemployment throughout the United States, there has been a recent surge of people searching for new and better jobs. As a result, there has also been increased attention paid to restrictive covenants and an increase in litigation as employers seek to protect their confidential information and prevent a loss of business. Covenants restricting competition and protecting confidential information are generally creatures of state law. Their enforceability varies widely; from California, where they are virtually unenforceable, to Florida, where employers generally have the upper hand. While some states have engaged in efforts to follow in the footsteps of California, those efforts have largely been unsuccessful because state legislatures have been unable to muster the necessary votes to make it happen. What does this mean if you are considering a new hire who is saddled with an employment agreement that contains