In business, change is both constant and inevitable. One change that often causes concern is when an employee or group of employees leaves a company and later goes to work for a competitor. This occurrence often triggers the application of a non-compete agreement that was executed at or likely near outset of the employment relationship. This can send both corporate and outside counsel scurrying to review the agreement to determine what is in it and how it will affect the departing employee’s ability to compete with the company. Noncompetes are used to protect a company’s confidential information, client relationships, trade secrets and workforce. As a general concept, non-competes are disfavored but allowed, with North Dakota being the only state in the country that has a blanket prohibition against non-competes.Click here to view the full article.
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