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Restrictive covenants, including non-compete and non-solicitation agreements, can be an effective tool for employers to retain talent. They also help to safeguard investments in personnel, business contacts, and intellectual property.
McMahon Berger tailors agreements to the specific needs of your business, in the places where your company operates. State law generally disfavors policies that inhibit economic autonomy, so only a properly drafted restrictive covenant will survive a challenge in court.
We assist employers who have hired or wish to hire an employee who is subject to an illegal or overbroad restrictive covenant. In those situations, our attorneys provide careful analysis to limit the client’s legal and financial exposure.
Our attorneys are experienced at negotiating and, if necessary, litigating any disputes that arise regarding restrictive covenants. These agreements are governed almost entirely by state law. While most states allow at least some forms of restrictive covenants, the specific limitations vary greatly. Some states may accept portions of an overbroad restrictive covenant, while others will reject a non-compliant agreement entirely.
Advocacy before arbitrators, mediators, labor boards, agencies, and state and federal courts.
Vigorous pursuit of the best possible solution for each individual client.
Uncovering the facts needed to resolve employment and labor issues.
Legal assistance with labor and employment matters for nonprofit organizations.