As noncompetition agreements become more and more popular with employers, it’s becoming easier for you to unknowingly hire someone who has already signed an agreement with a previous employer.
What may come next is an expensive and heated legal battle driven by competitive pressures, beginning with a court-issued temporary restraining order prohibiting your new employee from starting work. A preliminary injunction could follow, with fact-finding proceedings and motions that will expand your legal expenses. And the business outlay—just in the time employees and managers spend dealing with the proceedings—can be costly, too.
The ultimate decision whether the employee will be allowed to work for you and in what capacity will depend on a variety issues.
All of these complications lead more employers to ask themselves whether they should (or even can) legally hire an employee bound by a noncompete agreement with a for...(register to read more)
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