Non-Compete Lawyers in Memphis

Defending Your Rights Against Memphis Non-Compete Agreement Violations

If you are an employee who is dealing with a non-compete issue, seek the assistance of Donati Law, PLLC. We are well-versed regarding a wide range of employment issues, including those involving non-compete agreements. A non-compete agreement can severely limit a worker's rights, during or after employment with a specific employer. Dedicated to standing up for the rights of workers, we are the kind of law firm you want on your side when questioning the validity of a non-compete agreement.

We have handled non-compete issues involving:

• Termination
• No protectable business interests
• Unreasonable non-compete agreements

To arrange an initial consultation, call (901) 209-5500 without delay.

When a Non-Compete Agreement Violates Your Rights

It’s common for employers to request that you sign a non-competition agreement, or to include a non-compete clause within another document. But whether included during the offer letter stage or in your final severance agreement, it’s possible that some or all of the non-compete terms may violate your workers’ rights and prevent you from seeking meaningful work within your field later on.

When Is a Non-Compete Unenforceable In Court?

A non-competition agreement can take many different forms, and these agreements also vary in scope, length of time, and types of benefits offered alongside the agreement. As companies become more tech-savvy, they are also more likely to ask both employees and vendors to sign non-competes as an attempt to protect proprietary information and customer relationships.

Of course, your employer has to exercise due diligence in researching the laws for your state and make reasonable demands. Although non-competition agreements aren’t necessarily “illegal,” they aren’t always enforceable, and courts will look to multiple factors when considering the enforceability of your contract.

Here are a few of the factors that could make your contract enforceable in Tennessee courts:

• The non-compete must have reasonable geographic and time limits. When determining enforceability, the court’s goal is to ensure that the non-compete isn’t too sweeping.
• Your client relationships are strongly connected to the business. Simply having access to a customer database isn’t always enough to make your non-compete enforceable.
• You must have been given access to trade secrets or confidential information. Courts will need evidence that you had this kind of higher-level access during your employment, and that it could actually damage the business if shared with a given competitor.
• The non-compete must protect a clear, “protectable” business interest. This is the most fundamental threshold question in Tennessee non-competition enforcement cases. In order to have a “protectable” business interest, your employer must demonstrate that the limits it is placing will protect it from unfair competition – not from normal, everyday marketplace competition.

If the non-competition agreement fails to meet these conditions to the court’s satisfaction, it may be considered unreasonable and unenforceable. But even when a non-compete has obvious legal flaws, it’s still important to review your case with a skilled employment lawyer. There are a variety of factors to assess, and each non-compete agreement must be considered on a case-by-case basis.