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Employment Contracts, Partnership Agreements, & Non-Competes

While COVID-Related Employment Claims Are on the Rise, Courts May Be Hesitant to Enforce Restrictive Covenants

While COVID-Related Employment Claims Are on the Rise, Courts May Be Hesitant to Enforce Restrictive Covenants

In recent years, many companies have asked new and continuing employees at all levels to sign non-compete, non-solicitation, and non-recruitment agreements. Sometimes, these restrictive covenants are part of a carefully negotiated employment agreement for an employee managing sensitive or valuable projects. Often, however, these agreements are boilerplate clauses tucked into hiring documents that a new employee may not understand (or even read).

When a worker is subject to restrictive covenants and tries to leave employment and get another job in their field, they may find themselves defending against threats of legal action by their former employer. Workers who are laid off indefinitely or terminated due to the COVID-19 coronavirus may be unpleasantly surprised to find their previous employer attempting to enforce restrictive covenants and prevent them from working for competitors, or worse, a wider range of companies.

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