Non-competes are becoming more prevalent. Once reserved for highly compensated employees, now one in five employees are bound by a noncompete. These employees become less employable outside the workplace and less valued inside the workplace.
So, an employee signs an employment agreement. The agreement contains (among other things) non-compete provision and a non-disclosure provision (NDA).…
As mentioned in the prior post, I was in court in October (2016) and tried a non-compete case for my…
I had a trial two weeks ago week. My client’s former employer (“Employer”) had sued him for breach of a…
This case should encourage employers and those selling their business to draft their non-competes with a more reasonable geographic scope (or else risk a court throwing the non-compete out altogether). But those who are asked to sign a non-compete should keep in mind that even if their non-compete is probably unenforceable, an employer can still sue to enforce it and cause the employee a lot of stress and attorneys’ fees.
So, one of the risks of fighting a non-compete is provisions that require employees to pay for their former employer’s attorneys fees if they lose the case: Seems fair. But, of course if fairness were the issue, the provision would be reciprocal and provide attorney’s fees for prevailing employees.
I have tried three cases in the last 12 months, but none more difficult than a non-compete case in Lexington…
Trying cases is what I think I do best. There are some lessons that I have learned along the way. Twitter helped be shrink them down to 140 characters or less. Here are my top 10:
In its first non-compete case involving a physicians, the South Carolina Court of Appeals used mostly well-trodden commercial case precedent to reverse a bench trial holding that the agreements were unenforceable
Greenville Business Magazine has recognized Andy Arnold as one of the area’s Legal Elite in the practice of Labor and Employment Law.