Commentators around the country are noting a rise in litigation seeking the enforcement of non-compete agreements. Employers are more willing to litigate the enforcement of their non-compete agreements in challenging economic times in order to protect their legitimate business interests. The other trend being noted in non-compete litigation is that judges are seemingly more sympathetic to the employee in a period of ultra-high unemployment. In many cases, judges will have displayed a history concerning their attitudes toward enforcement of non-compete agreements.
You should consider the following factors when assessing whether to engage in non-compete litigation in the current climate:
- The relative value in enforcing a particular non-compete in light of the potential costs of enforcement through non-compete litigation.
- The objective strengths and weaknesses of the non-compete as it relates to the employee at issue.
- The propensities of the judges in your area concerning enforcement on non-compete agreements.
- Define a reasonable end result prior to engaging in non-compete litigation.
It makes perfect sense that in challenging economic times non-compete litigation is on the rise. It is important to carefully consider the factors that will affect the outcome of your non-compete lawsuit, and consider your goals and strategies for resolving non-compete issues prior to a decision from the court in your case.
Traverse Legal Attorneys are available to assist in you attempting to work out your non-compete issues short of non-compete litigation, or if necessary, the initiation of litigation to resolve your issues concerning the enforcement of non-compete agreements, including non-solicitation restrictions, trade secret theft, and the protection of your confidential business information.