Anti-compete pacts iffy; covenants meant to restrict employee mobility might not pass muster in the courts

Article Abstract:

Courts usually view with suspicion covenants not to compete, though several steps can improve their enforceability. Some consideration, such as an offer of employment, must support the covenant, and post-employment covenants draw particular suspicion. Points courts consider are the restrictive covenant's reasonableness, its necessity to protect the employer's interests, its scope in time and space, and the burden it imposes on the employee and the general public. Variations among state statutes are discussed.

---

Noncompetes; geographical limits

Article Abstract:

The geographic scope typical of noncompetition agreements is discussed. Broad area restrictions far in excess of traditional bounds have been typical of some judicial rulings, resulting in authority with which courts and attorneys can justify the enforcement of such agreements over wide geographic territories. Recent cases are discussed.

---

Personnel handbooks incite suits; at issue is whether the terms can be read to grant employees a property interest and thus impose obligations on employers

Article Abstract:

The increase in lawsuits alleging that the contents of personnel handbooks present implied contract claims giving the employee a protectable property interest is discussed. Guidelines for drafting a personnel handbook minimizing the possibility of such suits are given.

Cases, Right of property, Property rights, Employee handbooks

Similar abstracts:

• Abstracts: A 'simple command' creates confusion: validity of thousands of redistricting plans in doubt after high court ruling
• Abstracts: Uncapped award for failure to reinstate employee dismissed on racial grounds. No damages for failure to follow disciplinary procedure
• Abstracts: ADR and employment discrimination: a Massachusetts agency leads the way. Training labor abritrators in South Africa
• Abstracts: Protected areas and regional substainability: surveying decision makers in the Lake Superior Basin. Learning from the limits of an adjudicatory strategy for resolving United States-Canada fisheries conflicts: lessons from the Gulf of Maine
• Abstracts: The new European convention on international insolvency. American recognition of international insolvency proceedings: deciphering section 304(c)

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.