Employers spend substantial resources training employees to fit the goals of their organizations. Often times, this includes providing the employee access to confidential information, introducing the employee to key business contacts, or providing the employee with specialized instruction on how to efficiently and effectively perform the role. Post-employment restrictive covenants, such as non-competition and non-solicitation agreements, are common tools employers use to protect against their resources being used by former employees to the advantage of direct competitors, for a period of time after an employee leaves. When an employee departs to work for a competitor and litigation ensues, the litigation frequently focuses on whether the restrictive covenants in place are enforceable based on the geographic scope and time limits in the agreement. Focusing only on the geographic scope and time limitations when drafting restrictive covenants and not on the actual duties of the employee and the employer’s business, however, can render what seems to be a valid agreement not worth the paper it is written on.

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