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Non Compete Litigation

Non-Compete Litigation

It’s increasingly common for companies to condition an offer of work on non-compete and non-solicitation agreements. Often referred to as lawfully restrictive covenants, non-compete, and non-solicitation agreements impose certain constraints in case an employee switches jobs. As restrictive covenants prevent former employees from exercising individual liberty, the courts enforce strict rules for non-compete and non-solicitation agreements.

Lakeside Legal in Fond du Lac Wisconsin and Atty. Jeremy Vanderloop has an established history of success, managing non-compete and non-solicitation agreements on both sides of the issue. With a personalized strategy, Lakeside Legal may serve as your champion in a legal battle against employers of all sizes and shapes. If you need legal assistance, please do not hesitate to contact us now for aid.

Recognized Law Firm Navigates Non-Compete Boundaries

There are conflicting interests with almost any non-compete or non-solicitation agreement. On the one hand, the employer has a compelling interest in safeguarding their interests, such as trade secrets, customer lists, and other confidential information. On the other hand, employees have the right to individual freedoms, including the ability to change jobs or employers.

To balance these different pursuits, Wisconsin courts have created strict controls on the validity of non-compete agreements.  These are encapsulated in Wis. Stat. § 103.465. In evaluating a non-compete deal, Wisconsin courts focus on the following factors.

Reasonableness:

Non-compete agreements must be reasonable in time, extent, and geography to work. Stated differently, non-compete arrangements must be as minimally restrictive as you can

Legitimate Business Interests:

Non-compete agreements are only appropriate once the employer has a genuine need to protect their business interests. If the employer can protect their interests through other ways, the non-compete agreement may not be enforceable.

Protected Information:

Non-compete agreements are seldom valid unless the restriction involves the company’s trade secrets, client lists, or even confidential information.

Given the nature of non-compete law in Wisconsin, where the courts have wide latitude in determining reasonableness or legitimacy, there are few precise rules to follow along. In most cases, disputes concerning non-compete and non-solicitation agreements are decided on a case-by-case basis.

Providing Comprehensive Legal Counsel in Fond du Lac

There are several different sorts of restrictive covenants that may restrict a former employee from performing particular actions. The following list provides an overview of significant cases of restrictive covenants that might apply after a worker changes jobs.

Non-Compete:

These agreements restrict former employees from working for a direct competitor of the prior employer.

Non-Solicitation of Customers:

All these agreements limit former employees from poaching clients in their prior employers.

Non-Solicitation of Employees:

All these arrangements restrict former workers from poaching coworkers from their previous employer.

In each of the cases above, the restrictive covenant has to be reasonable and minimally invasive. Otherwise, the Wisconsin Courts may hold the agreement to be unenforceable. If you’re unsure about the terms and conditions of a restrictive covenant, it can be helpful to seek legal help from an experienced non-compete lawyer.

Let us Help you

If you’re trying to deal with a non-compete or non-solicitation arrangement, Lakeside Legal will help you figure out the details and work toward a positive resolution to your situation. Atty. Vanderloop has expertise protecting employees from businesses of various sizes and across several companies.

Contact us now to start working towards a resolution.

We’re the best litigation law firm to help with a Non-Compete in Fond du Lac, Oshkosh, Lomira, Waupun or the rest of Fond du Lac, Dodge and Winnebago counties.  Meet with a lawyer and we’ll help you get results quickly.

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