Noncompete Cases Sometimes Go To Trial

A plaintiff employer who files a lawsuit to enforce a noncompete often will seek a "preliminary injunction." This is an order from the court at the outset of the case stating that the defendant employee cannot work for the competing employer while the litigation is pending. A typical reason a plaintiff asks for a preliminary injunction is that the employee's presence at the competitor will cause "irreparable" harm to the plaintiff: the employee will disclose the plaintiff's confidential information to the competitor. If the court grants the plaintiff's request and enters the order, oftentimes the parties will settle the case quickly because the plaintiff got what it wanted: the employee is no longer working for the competitor.