Non-Compete Agreements
The issue of whether a particular non-compete agreement, also referred to as a restrictive covenant, is enforceable is the source of many employment law disputes. The Law Offices of Kevin J. Dolley represents individual employees, management and businesses in these disputes.
Lawsuits involving non-compete agreements often require immediate action and employers and employees commonly seek temporary restraining orders (TRO) and preliminary injunctions to assert their legal rights. Attorney Kevin J. Dolley has the experience, knowledge, and skill needed to promptly and effectively seek or respond to a TRO.
A non-compete agreement is a promise made in a written agreement between the employer and employee for the employee to not complete with the employer's business for a specified period of time and within a specified area during and following the termination of employment. Many employers require their employees sign non-compete agreements. Writing an effective and binding non-compete agreement is crucial to protecting the interests and goals of both parties. The Law Offices of Kevin J. Dolley has years of experience in drafting, reviewing, and litigating non-compete agreements. The Firm also reviews non-compete agreements for employees to determine whether the agreements are binding as to scope and length of time of the agreements. Non-compete agreements are enforceable so long as they are reasonable. In order to be reasonable, they must be narrowly tailored geographically and in time.
Answers to many of the commonly asked questions about non-compete, non-soliciation, and trade secret law can be found on the following pages:
Missouri Non-Compete Law
A leading Missouri case, Healthcare Services v. Copeland, 198 S.W.3d 604 (Mo. 2006), indicated that courts should balance two competing policy concerns when determining if a non-compete agreement is valid. First, the court understands that an employer needs to develop a highly trained work force in order to be competitive and profitable, without the concern that the employee will use the employer's business secrets against them or that the employee will steal customers from the employer. Second, the court indicated that it understands that an employee sometimes needs to be mobile in order to make a living and to provide job advancement in a constantly changing job market. All non-compete cases are fact-intensive and determination as to the enforceability of a non-complete agreement necessarily depends on the facts and circumstances of each case.
Contact our Business and Commercial Litigation Law Firm
To set up a consultation, please contact The Law Offices of Kevin J. Dolley at (314)645-4100 or by email at kevin@dolleylaw.com. All legal consultations are held strictly confidential. |