I love Google Alert, that fabulous daily reminder of what is being written online about a certain topic. Perhaps you have an RSS or Google Alert on Jessica Simpson or the Tampa Bay Devil Rays. Mine are mostly work related: “non-compete” and “non-solicitation.”
This morning, Google Alert brought my attention to a new book written specifically for companies discussing the importance of confidentiality agreements and non-compete agreements, Non-Solicitation and Non-Competition Agreements, published by a New Orleans law firm.
Here’s what the author is telling your boss about non-compete agreements.
From the book’s description:
Companies need to protect confidential information that employees obtain during their tenure and could potentially use to take business away from the former employer.
Employers also have an interest in protecting business relationships and any client goodwill that was created prior to or during any part of a departing employee’s tenure. In fact, employers have the same interest even if the relationship was formed during an employee’s tenure, since the companies almost always provide some, if not a significant amount, of support that enables an employee to create a business relationship. Employers, therefore, seek to protect themselves from the misappropriation of confidential information and customer relationships via confidentiality agreements, non-solicitation and non- competition agreements.
While counter-intuitive to most employers, less is more in this situation; all states have a strong public policy enabling employees to be able to freely compete for work, business, etc. Therefore, employers should strive to confect agreements that are no broader than necessary to protect their legitimate interests. This Chapter generally addresses recognized legitimate business interests and how best to protect them. In so doing, the interests of the employee and the public are also discussed.