- Restraining OrderAlmost all non-compete cases are decided in the context of a motion for either a temporary restraining order (TRO) or a temporary injunction. The courts will decide if the employee should be prevented from engaging in competitive activities and may award damages including, in certain cases, legal expenses. If an employer brings a lawsuit against an employee to enforce the non-compete, it can be expensive if it would go all the way to a trial, but most lawsuits are settled and a negotiated settlement is worked out between the parties.
- Trade Secrets
- Unfair CompetitionIn Minnesota, employment non-compete agreements are looked upon with disfavor and are cautiously considered and carefully scrutinized. However, non-compete agreements are enforceable in Minnesota if they serve a legitimate employer interest and are not broader than necessary to protect this interest. In determining whether to enforce a non-compete agreement or provision, the court balances the employer’s interest in protection from unfair competition against the employee’s right to earn a livelihood. If the employer’s interest outweighs the employees, the non-compete clause is valid and enforceable. H3: Adequate Consideration or Compensation
- Employment ContractJohn is professional, thorough and guided me through an employment contract issue. He kept me updated throughout the process which I appreciated.
- Employment LitigationOver the past 30 years, I have worked closely with individuals and businesses throughout the Twin Cities metro area. This includes serving as a private practice attorney representing both employees and businesses. My years of experience allow me to take on a wide range of challenges and help employees and businesses resolve complex employment disputes.
- Non-compete AgreementIn contract law, a non-compete agreement is a contract signed by one party to not enter into professional competition with another party. They are most often used by employers to prevent employees from opening their own business that is in direct competition to the employer. Some employers may require a non-compete agreement, sometimes called a covenant not to compete or a restrictive covenant, upon hire. Depending on the industry, these agreements can be quite common, but that does not mean they are always legally enforceable.
- Severance AgreementMaximizing the terms of your severance package can have a significant impact on your financial and occupational future in the event you chose to leave your employment willingly or under less favorable circumstances.