How to Draft a Non-Compete Agreement and When Not To

Covenants not to compete have a lengthy history intertwined with and adverse to public policies favoring competition and freedom of employment. They may be helpful to protect a company’s trade secrets and confidential materials, future endeavors and to prevent poaching of employees. This Chapter examines the various aspects that will allow an employer to enforce these agreements, along with some advice as to how to protect similar issues where such agreements are not enforceable, such as in California. In addition, I provide guidance in an area coming under additional scrutiny in which competing employers reach agreements to avoid poaching each others’ employees.