It is clearly important for employers to do their level best to draft enforceable restrictive covenants, but the fact of the matter is that some judges are going to invalidate them no matter what. Companies should not feel compelled to modify their contract every time a new opinion comes out by another trial court with a creative reason supporting the court's desire to find the contract unenforceable.
Last month, the Connecticut state legislature passed a bill that would have regulated the use of noncompete agreements. A few days ago, the bill died on the Governor's desk.
A recent ruling entered in Pennsylvania state court is a stark reminder to employers and employees about the dangers associated with violating post-employment restrictive covenants such as non-compete and non-solicitation provisions.
Many companies have employees located in states across the country. Drafting restrictive covenants for employees in all of these locations can be a daunting task. Some companies opt for a one-size-fits-all approach, but here is an alternative.