News & Analysis as of

At-Will Employment Restrictive Covenants

Patterson Belknap Webb & Tyler LLP

Key Employment Issues for Founders

Do you have an employment agreement? Should you have an employment agreement? We are often asked whether founders need written employment agreements with their companies. Every company's culture is different. Often founders...more

Jackson Lewis P.C.

Continued At-Will Employment Sufficient Consideration for Restrictive Covenants, Connecticut Court Holds

Jackson Lewis P.C. on

Continued at-will employment can be sufficient consideration for an employee’s restrictive covenant agreement, the Connecticut Appellate Court has held. Schimenti Construction Company, LLC v. Schimenti, No. AC44274 (Jan. 17,...more

K&L Gates LLP

Illinois Employment Law Developments

K&L Gates LLP on

Illinois may be on the road to becoming the “California” of the Midwest based on the latest developments in its employment laws. The following is a look at the key regulatory changes for 2022 and possible changes for 2022 and...more

Jackson Lewis P.C.

Illinois Governor Signs New Non-Compete Bill

Jackson Lewis P.C. on

The Illinois General Assembly passed a major bill in May that significantly alters how and when employers can use restrictive covenants with Illinois employees. Illinois Governor JB Pritzker signed the bill into law on...more

Jackson Lewis P.C.

Ohio Decision Highlights Importance Of Business Protection Agreements With Independent Contractors

Jackson Lewis P.C. on

Just as the distinction between an individual’s status as independent contractor versus employee can have serious ramifications for wage, tax, and other legal issues, the same can be true for claims relating to unfair...more

Sherman & Howard L.L.C.

Enforcing Non-Compete Agreements Can Create Employer Obligations

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

Neal, Gerber & Eisenberg LLP

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

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

Seyfarth Shaw LLP

Supreme Court of Kentucky Rules That Firms May Require Lawyers to Sign Non-Solicitation Agreements That Exempt Legal Work

Seyfarth Shaw LLP on

A law firm can terminate an at-will lawyer who refuses to sign an agreement prohibiting them from soliciting the firm’s customers or clients following cessation of employment, according to the Supreme Court of Kentucky. In...more

Morris James LLP

Chancery Addresses the Implied Covenant in an At-Will Employment Relationship and Delaware’s Statutory Restriction on Physicians’...

Morris James LLP on

Dunn v. Fastmed Urgent Care, C. A. No. 2018-0934 MTZ (Aug. 30, 2019). This case arises out of a physician’s sale of his limited liability company interest, and his subsequent attempts to enforce oral promises outside of –...more

Ballard Spahr LLP

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

Ballard Spahr LLP on

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has...more

Sheppard Mullin Richter & Hampton LLP

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment

A business dispute in Michigan may provide insight into the consideration required to support a noncompete contract restricting future employment. Innovation Ventures, LLC v. Liquid Manufacturing, LLC, No. 150591, Michigan...more

Laner Muchin, Ltd.

New Development In The Enforceability of Non-Compete Agreements

Laner Muchin, Ltd. on

As many of our readers may recall, the Illinois Appellate Court in the First District dramatically changed (in our view) the law two years ago in its infamous Fifield decision, by holding that if employment (or continuing...more

Fisher Phillips

Nigeria: Part II

Fisher Phillips on

This article is the second in a series which provides an overview of the basics of employment law in Nigeria and will focus on laws governing employment terminations, including wage and hour, termination, restrictive...more

Mintz - Employment, Labor & Benefits...

No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends. A “no fault” divorce permits a spouse to end a...more

Hinshaw & Culbertson LLP

Wisconsin Supreme Court: Continued Employment Is Lawful Consideration for a Non-Compete

On April 30, 2015, the Wisconsin Supreme Court took a stand on a hot-button for employers by holding that continued at-will employment is legal consideration that will support a reasonably drafted restrictive covenant signed...more

Laner Muchin, Ltd.

Fifield Update: Two Federal District Courts Conclude That The Illinois Supreme Court Will Ultimately Reject Fifield's Two-Year...

Laner Muchin, Ltd. on

In the last issue of The Fast Laner, we reported that the Illinois Court of Appeals, Third District, followed Fifield v. Premier Dealer Servs. and held that, in the absence of other consideration, continued at-will employment...more

Levenfeld Pearlstein, LLC

The Courts Continue to Debate Restrictive Covenant Enforcement in Illinois

Courts in Illinois are in the midst of a significant legal debate relative to whether a post-employment restrictive covenant involving an at-will employee can be enforced if the employee has less than two years of continued...more

Faegre Drinker Biddle & Reath LLP

Illinois Federal Court Rejects Bright-Line Rule on Consideration Needed for Competition Restrictions

On February 6, 2015, the U. S. District Court for the Northern District of Illinois in Chicago rejected the bright-line rule, created by the Illinois Appellate Court in the often maligned Fifield v. Premier Dealer Servs.,...more

Sands Anderson PC

2015 Virginia Employment Law Pocket Guide

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In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Sands Anderson PC

2013 Virginia Employment Law Pocket Guide

Sands Anderson PC on

In this guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

K&L Gates LLP

Illinois Supreme Court Lets Ruling Stand Requiring Two Years of Employment to Support Restrictive Covenant

K&L Gates LLP on

The enforceability of post-employment restrictive covenants in Illinois suffered a set back on October 14, 2013, when the Illinois Supreme Court refused to review an appellate decision that held that two years of employment...more

Pullman & Comley - Labor, Employment and...

Illinois Appellate Court Won’t Enforce Noncompetes Against At-Will Employees Unless the Employee Stays At Least Two Years:...

You’re a Connecticut employer with a restrictive covenant program to protect your customer relationships and confidential business information. You require anyone you hire who to develop customer relationships or use your...more

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