Employer Beware – Is your Non-compete Enforceable?


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Employers routinely require employees to enter into noncompete and nonsolicitation agreements upon commencing employment in order to protect confidential information, trade secrets and business relationships from being used for competitive advantage. Once an employee executes noncompetition and nonsolicitation covenants (often referred to as restrictive covenants), many employers assume such information and relationships will be legally protected after the employee separates from employment. This is not necessarily the case.

Employers should carefully consider an employee’s position, the interests the employer desires to protect, and the state in which the employer and employee reside in crafting restrictive covenants for a particular employee. The failure to do so may result in severe and damaging business consequences.

Why You Should Attend:

According to a November 2016 White House report, approximately 18 percent or 30 million, American workers are currently covered by non-compete agreements. Yet, 15 percent of workers without a college degree are currently subject to non-compete agreements, and 14 percent of individuals earning less than $40,000 are subject to them. Yet, the laws vary from state to state. Is every non-compete enforceable or are there certain thresholds that must be met before you can enforce a non-compete agreement. This webinar will walk you through non-competes and what you can protect and you should try to protect.

Objectives of the Presentation:

  • Overview of non-compete agreements across the states
  • Are certain professions exempt
  • What if my non-compete is too broad is it still enforceable
  • Protecting trade secrets
  • Non-solicitation and non-disclosure agreements
  • Checklist for drafting and enforcing non-compete agreements
Areas Covered in the Session :

  • In addition to the above, we will discuss
  • Can I protect my company from having its employees ‘poached’?
  • Can I hire someone who has a non-compete agreement?
  • Items to consider in non-compete agreements
  • Are employees free to do what they want if they leave without a non-compete
  • What could be expected in non-compete litigation … and much more
Who Should Attend:

  • Business Owners
  • Executives
  • Chief Financial Officers
  • Human Resource Professionals

HR2936

Stuart M. Silverman

Stuart Silverman has been practicing law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee’s claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.

Mr. Silverman is also a member of The Workplace Violence Prevention Institute (WPVI), a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.

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