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Posts tagged "cardoni v. prosperity bank"

Enforceability of non competes Is Not Always Obvious

"Can my employer really enforce this non compete?" -- this a question routinely posed to employment lawyers. The answer depends on many factors. First and foremost, it depends on which state's law will be applied to the non compete. The answer to that question might seem obvious initially, since most employment agreements and separation agreements contain a choice-of-law clause designating a particular state's law to apply to disputes. One might think that if the agreement designates a state that generally enforces non competes, the non compete will be enforceable and the employee is out of luck. But the issue is not always that simple.

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