One of my favorite employment law bloggers, Jay Shepherd, over at the Gruntled Employees Blog had a great post this past week on the "Eight Ways to Lose a Noncompete Case." Here are his 8 most common ways companies usually LOSE noncompete cases:
- Putting too much faith in the belief that the court will enforce the language of the noncompete agreement as written.
- Trying to enforce a noncompete against employees who really don't possess any confidential information or customer relationships.
- Drafting the noncompete too broadly.
- Focusing only on geography, duration, and scope of the noncompete rather than on the existence of protectable interests.
- Waiting too long to file.
- Asking for an injunction before you've developed enough evidence.
- Filing in the wrong jurisdiction.
- Focusing on the law instead of on the story of the case.
For details on each of these common mistakes, head on over to Jay's blog.
His bottom line: If your client's wearing the white hat, and your agreement is narrowly drafted, and your secrets or customer relationships are in imminent peril, then you've got a fighting chance of winning. Otherwise, wave goodbye to the former employee and get back to work."