Remember when you were a kid, and you and your brother both wanted the red Popsicle but there was only one red one left? When your Mom gave your whiny brother the red one, and you were given the gross orange one, how did you respond?

You said sternly “That’s Not Fair. Why is he treated differently? Do you love him more?”

OK, so maybe I was the only 4 year old who tried to guilt parents into actions that benefited me by using some poor armchair psychiatry…. My issues aside,
the sentiment remains.

When employees, or ex-employees are treated different, people wonder why and rightfully reflect that the favoritism is unfair.

Can’t you see it?

Two used car managers for a large dealership are fired. They both go apply for jobs at other dealerships. They both get jobs at other dealerships but only one gets a cease and desist letter.

Well that’s not fair.

Why does Fred get to compete and you don’t?

For once, the “That’s not fair” argument can be useful.

How is large car dealership going to prove they have been damaged by your breach? They are going to show that they lost costumers, or something to that effect. Well, if the other guy breached too – you will need to present that evidence as a great way to deflate their damages argument.

Universal enforcement of non-compete agreements can be very useful for employees who feel that other employees are not treated fairly.

Let us know if you are in this situation – and need help. For once, fairness matters!

Lauren Ellerman
Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.