Non-Compete Agreements in Wisconsin: Are They Enforceable?
The attorneys at Kuhn Law are experienced in the evaluation, enforcement and defense of all nature of restrictive covenant agreements, including non-compete agreements.
In Wisconsin, non-competes are disfavored by the courts. A well-crafted non-compete agreement may still be enforceable, however. Whether considering a non-compete agreement before employment, during employment or after termination (whether voluntarily or involuntary), individuals are encouraged to seek out the advice of experienced, trusted attorneys who can advise them as to their options.
What is a Non-Compete Agreement?
A non-compete agreement is a contract between an employer and an employee (or a business partner) in which the employee agrees not to engage in certain competitive activities for a specific period of time, within a defined geographical area, after leaving the employer or otherwise severing ties with the employer.
The primary purpose of non-compete agreements is to protect the employer’s business interests, including its confidential information, trade secrets, and client relationships, by preventing the employee from joining or starting a competing business for a certain time after their employment ends.
What’s Included in Non-Compete Agreements?
- Duration: How long the employee is restricted from working in a competing field after leaving the company.
- Geographic Area: The geographic scope where the employee is prohibited from competing (e.g., a certain city, state, or region).
- Scope of Activities: Specifies what types of activities are considered competitive (e.g., working for a competitor or starting a similar business).
While non-compete agreements can offer protection for businesses, they must be reasonable in scope and duration to be enforceable. Agreements that are unnecessary and/or attempt to unfairly limit an individual’s ability to earn a living post-employment are not likely to be enforced by courts.
Before signing anything, speak with a Wisconsin attorney who has over 20 years experience with non-compete agreements.
If you’re worried about signing a non-compete or your former employer is trying to enforce one, don’t wait to get legal advice. Contact Kuhn Law today for a consultation and get the clarity and protection you need.
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Martin Kuhn