News & Analysis as of September 23, 2024

At-Will Employment

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Protecting the Farm: Employment Considerations

Ruder Ware on 2/23/2022

“Protecting the Farm” is a common phrase associated with succession planning but employment considerations are just as important in protecting an agribusiness. Employment considerations include how to protect confidential...more

Enforcing Non-Compete Agreements Can Create Employer Obligations

Sherman & Howard L.L.C. on 4/15/2021

In Mancuso v. L’Oreal, the court reminded employers who use non-compete agreements that those agreements, and the employer’s communications with the departing employee, may create enforceable employer obligations,...more

NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg

Neal, Gerber & Eisenberg LLP on 3/29/2021

NGE Labor & Employment partner Sonya Rosenberg discusses three key factors foreign-based employers should know about U.S Employment law: at-will employment, infrastructure, and restrictive covenants. If you have any...more

Is At-Will Employment at Risk?

Foley & Lardner LLP on 1/6/2021

What’s happening to the at-will employment doctrine? The at-will doctrine has been the bedrock of employment law in the United States, guaranteeing management the right to pick its team. Employment practitioners are...more

For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements

Sheppard Mullin Richter & Hampton LLP on 3/28/2017

The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state. The issue of consideration is no different. Like other...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/2/2016

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

At Will? What’s That?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2015

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written...more

Is An Offer Of At-Will Employment Adequate Consideration For A Non-Compete? Recent Court Rulings Split Three Ways

Seyfarth Shaw LLP on 7/1/2015

Three very recent decisions reflect the irreconcilable division of judicial authority regarding the adequacy of at-will employment as the sole consideration for an otherwise valid non-compete. Compare (a) Standard Register...more

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2015

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Illinois Court Of Appeals: Non-Competes Unenforceable Without At Least Two Years Of Continued Employment

Stinson LLP on 4/28/2014

In Fifield v. Premier Dealer Services, Inc., the Illinois Court of Appeals covering Chicago held that as a matter of law, an at-will employee must remain employed for at least two years to receive consideration sufficient to...more

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Non-Compete Agreements › Hiring & Firing › At-Will Employment

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