ARTICLE
24 October 2024

To Compete Or Not To Compete, That Is The Question

FF
Farrell Fritz, P.C.

Contributor

Farrell Fritz is a full-service regional law firm with approximately 80 attorneys in five offices, dedicated to serving closely-held/privately-owned/family owned businesses, high net worth individuals and families, and nonprofit organizations. Farrell Fritz handles legal matters in the areas of bankruptcy and restructuring; business divorce; commercial litigation; construction; corporate and finance; emerging companies and venture capital; employment law; environmental law; estate litigation; healthcare; land use and zoning; New York State Regulatory and Government Relations; not-for-profit law; real estate; tax planning and controversy; tax certiorari, and trusts and estates.

While a late summer decision by a U.S. District Court set aside the FTC's total ban on non-competes, employers must still carefully consider whether or not to require employees to sign a non-compete as a condition to employment.
United States Employment and HR

While a late summer decision by a U.S. District Court set aside the FTC's total ban on non-competes, employers must still carefully consider whether or not to require employees to sign a non-compete as a condition to employment. Employers should bear in mind that state law may restrict its ability to require and/or enforce a non-compete. In addition, state law may limit the classes of employees from whom an employer may require a non-compete.

Employers should seek advice from counsel in order to carefully craft a non-compete that will both protect the legitimate business interests of the employer and survive any challenges to its enforceability. Depending on where an employee resides, a non-compete remains as a powerful tool which employers may use to protect its interests after an employee's separation from employment.

Careful consideration and planning are essential in order to ensure that non-competes will be enforceable against a particular employee. We often counsel employers on the advisability and scope of non-competes. Strategic counsel can help you determine whether a non-compete makes sense for your business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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