Barry A. Kozyra, Esq. was interviewed and quoted on Magone & Company’s Tax Information Blog dated September 27, 2018, regarding Employee Non-Compete Agreements: Enforceable or Not?, The Three Factors a Court Will Examine During a Non-Compete Case Hearing and the State’s Requirements.
1) Time. Mr. Kozyra stated, “It’s unreasonable to take somebody out of the workplace for one or two years if they only worked at your business for a month. You would have to demonstrate that you have very fragile intellectual property or confidential information that could be stolen.”
2) Geography. Mr. Kozyra stated, “We routinely see situations where an employer wants to restrict someone from working anywhere on the planet because the company has such wide-ranging reach. While it’s not commonplace, it can hold up in a court if the company has very unusual intellectual property or information that can be disseminated without recourse to another country or continent.”
3) Scope. Mr. Kozyra stated, “Some states also don’t allow non-competes for doctors, because there’s a shortage in many areas of the country, and the need for medical care and specialists can have a huge impact on public health and safety.”
Know Your State’s Legal Requirements
Mr. Kozyra stated “If you do business in more than one state, you’re able to designate the law of one state and the jurisdiction of one court to apply to the contract.” As he stated, most organizations will choose the state with terms that favor the employer over the employee.
Below is the full and complete article:
If you have any questions as to your Employment Non-Compete Agreement, please contact Barry A. Kozyra.