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NON-COMPETE AGREEMENTS:
EMERGING ISSUES FROM
THE PERSPECTIVE OF EMPLOYEE'S COUNSEL
By:
Wayne N. Outten
Anne Golden
Nantiya Ruan
Outten & Golden LLP
1
1740 Broadway
New York, New York 10019
212-245-1000
212-977-4005 fax
www.outtengolden.com
<http://www.outtengolden.com/>
February 2001
I. OVERVIEW
Today more than ever, trained employees are valued by employers who want to
do everything in their power to keep them from leaving and taking their
skills and knowledge with them. Undoubtedly, this is due in part to our
nation's unemployment rate reaching a thirty-year low. Add the current
business environment of increased mobility, decreased loyalty, and the
tremendous amount of capital resources spent in creating intellectual
property, and companies are increasingly requiring key employees to sign
harsh non-compete agreements to discourage employee defection or "corporate
raiding."
The law still favors free mobility of employees. But along with an
increased number of employers requiring employees to sign non-competition
agreements comes an increased number of suits to enforce these restrictive
covenants. Consequently, the body of law governing this area has been
changing. This outline will give practical advice to employee advocates on
ways to best protect their clients' interests when confronted with
non-competition agreements and will examine the emerging trends in this
narrow, but increasingly pertinent, area of employment law.
II. TYPES OF RESTRICTIVE COVENANTS
A. Non-Competition
This broad category of agreements prohibits the employee from working
1
Outten & Golden LLP is now located at 3 Park Avenue, 29
th
Floor, New York, New York 10016.
Insurance Non Compete Agreement
source: outtengolden.com
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