When a Non-Compete Agreement Has Been Violated

Do you know what to do when a non-compete agreement has been violated? In Amit Bindra’s last episode, we talked about protecting trade secrets and confidential information.

We continue this conversation today by diving into what happens when you need to take an employee to court when a non-compete agreement has been violated in the workplace. We touch on what the process looks like and the impact of recent laws in Nevada, Utah, and Illinois.

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With us is Amit Bindra from The Prinz Law Firm located in Chicago Illinois. He uses his extensive experience in employment law to run a practice focused on non-compete agreements, non-solicitation agreements, and trade secrets.

When a Non-Compete Agreement Has Been Violated – Key Points

  • A non-compete agreement can remain valid whether an employee leaves voluntarily or is terminated.
  • Legal redress for a violation often happens quickly.
  • A preliminary injunction or a TRO decision (temporary restraining order) could be issued.
  • Employees may try to file suit to declare an employer’s action void or invalid.
  • Illinois recently passed the Illinois Freedom to Work Act to protect low wage earners.
  • Utah passed a law that a non-compete agreement that last more than one year is not enforceable.
  • Nevada amended their non-compete law that limits enforcement if a client seeks out a former employee, rather than the employee soliciting the client.
  • Congress recently passed the Defend Trade Secrets Act.
  • Employers use the Computer Fraud and Abuse Act to prevent employees from accessing their computer system without permission.
  • When drafting agreements, work with your attorney to protect the company’s interests.
  • Typically, employers include a clause in the agreements to ensure if they win, their attorney fees and expenses will be paid by the employee.

We hope you enjoy listening; have a great day!

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