Non-Competes and Non-Solicitation
Tristate Employment Restrictive Covenant Attorney
Develop Bulletproof Employment Agreements with a Tristate Employment Restrictive Covenant Attorney
There is no one-size fits all when it comes to non-solicitation and non-competition agreements in WV, KY, or OH. The restrictions spelled out in any such agreements must be in line with what is reasonably specific to the company, the industry, the employee position, and the relevant geographical area. What will work for the health care industry will not work for the energy industry. Consulting a tristate employment restrictive covenant attorney can help you make sure your restrictive covenant agreements are tailored to your business and enforceable in the relevant jurisdictions.
What to Consider When Drafting Non-Solicitation and Non-Competition Agreements in WV, KY, and OH
Non-solicitation agreements are useful tools to prevent former employees from recruiting your other employees or clients. But a restrictive covenant is only as useful as it is enforceable. Working with a tristate employment restrictive covenant attorney will help ensure that every detail is considered and there will be no barriers to enforcing restrictive covenants in WV, KY, or OH should the need arise.
The key to drafting quality restrictive covenant agreements in WV, KY, and OH is ensuring that each agreement protects specific business interests and does not unfairly restrict the employee from future gainful employment potential.
A non-solicitation agreement that is not adequately tailored in any of these ways may be unenforceable in whole or in part, limiting or even eliminating its protection. Working with a qualified, experienced tristate employment restrictive covenant attorney will help you determine the issues that should be addressed in your specific non-solicitation and non-competition agreements with your employees to provide the best protection possible for your business.
In some cases, having a non-solicitation or non-competition agreement in WV, KY, and OH may prevent the need for litigation, but that is not always the case. Should a former employee blatantly disregard or breach the contract, litigation may become the only option to protecting the company’s business interests and/or recovering any loss of income and growth capital the organization may have suffered as a result.
- Employer Considerations: The employer should have a valid and specific business protection need such as trade secrets, customer contact lists, organizational policies and procedures, business practices, or other interest that is key to the growth and development of the organization.
- Employee Considerations: A non-solicitation and non-competition agreements in WV, KY, or OH must not be so restrictive that it prevents the employee from finding gainful employment in a reasonable time period and within a reasonable distance from the company.
- Industry Considerations: A niche industry without a lot of competing companies will have specific business interests to protect; however, an employee working in a niche position will also have more difficulty in finding reasonable employment within the chosen field. This could provide potential barriers when enforcing restrictive covenants in WV, KY, or OH in this industry.
- Geographical Considerations: Similar to industry considerations, the amount of competitive saturation in a given industry within a specific geography will need to be taken into consideration. This will be a consideration for both the protection of the company’s interests as well as the employee’s ability to find reasonable, gainful employment.
Litigation Enforcing Restrictive Covenants Successfully
For successful litigation of these matters, businesses need the foundation of a strong agreement in place that pertains to the specifics of the organization, the industry, the employee position, and the geographic area of business. The next requirement is counsel experienced in defending such agreements in court. A qualified employment restrictive covenant attorney will vigorously defend claims based on the restrictive covenants designed to protect your business.
When you need a tristate employment restrictive covenant attorney to put strong agreements in place to protect your organization in WV, KY, or OH, call Jenkins Fenstermaker, PLLC at (304) 523-2100 or (866) 617-4736 toll-free or fill out an online contact form.