How can an employer enforce a restrictive covenant?
An employer who wants to enforce a restrictive covenant must prove one or more legitimate business interests that justify the restrictive covenant. The protection of trade secrets or other confidential business or professional information is a legitimate business interest. A non-compete can be enforced to protect business relationships and goodwill with specific existing and prospective customers, patients or clients. Goodwill can also be legitimately protected, whether it arises from a business location or market, or trademarks or servicemarks. Protection of an employer’s interest in specialized or extraordinary training of employees is also a legitimate interest that warrants enforcement. If the employer can present this proof, then the burden shifts to the employee to prove that the restraint is too broad, too long, or is otherwise not really necessary to protect the employer’s business interests. What do the courts consider when looking at non-compete cases? Section 542.335 address
