Page 64 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

avoid must involve something more, such as the

protection of trade secrets and confidential information or

protection of the employer’s good will with its customers

and prospective customers. So, for example, a sales

representative who has built up customer relationships

over a period of years very well might be ordered not to

compete for a period of time in order to protect your

interest in the goodwill he or she has built up while

working for your company. In contrast, a back office

employee with no access to confidential information or

customer-facing responsibilities, however capable and

important an employee, likely would not be held to a

non-compete agreement.

Second, non-compete agreements must also be

supported by “consideration.” This means the employee

must receive something in exchange for agreeing to the

60| Rules of the Road