Non-Compete & Non-Solicitation Agreements

LG Law advises employees and those for whom they work regarding their respective obligations under state-specific employment laws if they wish to assert or overcome a non-compete or non-solicitation contract. In circumstances like these, enforceability is a function of reasonableness of the agreement’s duration and scope. Non-compete or non-solicitation agreements that impose an undue burden on employees seeking to earn a living in the profession of their choosing or over-reach suitable geographical boundaries are typically not reasonable and therefore not enforceable. LG Law reviews the terms of these agreements in an effort to identify clauses and conditions that are either unenforceable or outside the interests of its clients.

Many employers make assumptions about non-compete or non-solicitation agreements when initiate enforcement proceedings. Employers must meet both their obligations under a contract’s terms and demonstrate a legitimate business reason to limit the manner in which their former employee can do business.

Often such legitimate business interests for which a non-compete or non-solicitation agreement can be enforced include the following:

  • Protecting trade secrets
  • Maintaining valuable confidential business or professional information
  • Preserving relationships with specific prospective or existing customers, patients, or clients
  • Defending goodwill associated with an ongoing business or professional practice, by way of a trademark, geographic location, or marketing/trade area

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