In today's episode, Jeff Harty and Fran Haas explore the complexities of noncompete agreements, noting their effectiveness in protecting IP but also their challenges. Fran highlights varying state laws on noncompetes and provides valuable insights related to structuring noncompete agreements with remote and mobile workforces.
In this episode, Jeff Harty and Fran Haas discuss:
- Noncompete agreements to protect IP and what makes them enforceable.
- How non-solicitation agreements and confidentiality agreements differ from noncompete agreements.
- Political pressure against noncompete agreements.
- State-specific limitations to be aware of.
Key Takeaways:
- What the noncompete agreement says, the law that applies, and where your employee is living or working are all variables that can greatly impact the enforceability of a noncompete.
- Noncompetes are politically unpopular because they are viewed as giving an employer the ability to stop someone from earning a living.
- Be strategic about your chosen state. Be aware of the laws in the state where your business is organized.
"Make sure your noncompete is enforceable in your chosen state. That's a first step. It seems obvious, but with the law changing as much as it is, you should be checking in at least once a year with your employment counsel to make sure your noncompetes are still enforceable." — Fran Haas
About Fran Haas: In her labor and employment practice, Fran Haas encounters a fair share of difficult cases, but in each matter, she's determined to reach a conclusion that satisfies her clients. "I'm able to handle all the issues my clients might encounter," she says. "It's about being resourceful."
Fran litigates for employers in cases related to harassment, discrimination, retaliation, Family and Medical Leave Act, equal pay, and wrongful termination. She negotiates collective bargaining agreements on behalf of management, as well as other labor disputes. She also takes on higher education cases in matters involving Title IX, Title VII, the Violence Against Women Act, and the Iowa Civil Rights Act.
On a daily basis, Fran takes satisfaction in seeing the legal system at work. As a former law clerk for a federal judge, Fran saw firsthand how the court provides an important service to citizens, something that drives her in her practice. "It's very rewarding to me when the system works the way it should and we get the outcome for the client," she says. "It's not just winning but being part of a process that works."
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.
