Drafting & Negotiating Compliant Non-Compete Agreements

Non-compete law continues to evolve as U.S. states pass new laws targeting these provisions in employment agreements and business purchase agreements. Because these clauses prevent an employee from working within the employee's chosen industry for a time period, courts will closely examine these provisions during litigation.

Some states protect only a legitimate business interest, while others have a complete bar on non-competes. Other states are requiring employers to provide additional consideration or benefits to an employee for a non-compete. In just the last three years, several states have passed new non-compete laws or introduced new legislation. Understanding these evolving trends is necessary for employers to adequately draft non-compete provisions, and for employees to negotiate such provisions.

Kristen Prinz, the Founder and Managing Partner of the Prinz Law Firm, P.C., will discuss best practices for drafting non-compete clauses from an employer perspective, and best practices to negotiate and handle non-compete clauses from an employee perspective.

1. Explain non-compete clauses in an employment agreement or business purchase agreement
2. Identify key changes and trends to non-compete provisions across the U.S.
3. Discuss language employers should include in their provisions
4. Articulate methods for employees to negotiate non-compete provisions