Non-Compete Agreements Attorney – Challenging Unfair Restrictive Covenants

Trapped by an overly broad non-compete?

Get experienced legal representation to challenge unreasonable restrictions and protect your right to work.

Non-Compete Agreements

Non-compete agreements shouldn’t prevent you from earning a living or advancing your career.

If you’re bound by a non-compete agreement that’s overly restrictive, prevents you from working in your field, or was improperly enforced, you may have legal options. Phil Flemming has extensive experience representing employees in non-compete disputes, helping them challenge unreasonable restrictions and protect their right to pursue their careers.

Your skills and experience belong to you. When employers try to lock you out of your profession with unfair non-competes, we fight to restore your freedom to work.

Understanding Non-Compete Agreements

What Are Non-Compete Agreements?

Non-compete agreements are contracts that restrict an employee’s ability to work for competitors or start competing businesses after leaving their current employer.

Common Types of Restrictive Covenants

  • Non-compete clauses Prohibit working for competitors
  • Non-solicitation agreements Prevent recruiting former colleagues or clients
  • Non-disclosure agreements Protect confidential information
  • Non-dealing covenants Restrict business relationships with former clients
  • Garden leave clauses Paid time off before starting new employment

Industries with Heavy Non-Compete Use

  • Technology and software development
  • Healthcare and medical practices
  • Financial services and banking
  • Sales and business development
  • Professional services (legal, accounting, consulting)
  • Manufacturing and engineering
  • Media and entertainment

Legal Standards for Non-Compete Enforceability

Requirements for Valid Non-Competes

To be enforceable, non-compete agreements must generally meet these criteria:

Legitimate Business Interest

  • Trade secrets and confidential information
  • Customer relationships and goodwill
  • Specialized training provided by employer
  • Unique or extraordinary skills developed on the job

Reasonable Geographic Scope

  • Limited to areas where employer actually does business
  • Proportionate to employer’s market presence
  • Not broader than necessary to protect legitimate interests
  • Consideration of employee’s work territory

Reasonable Time Duration

  • Limited duration based on industry standards
  • Typically 6 months to 2 years in most jurisdictions
  • Shorter periods for lower-level employees
  • Longer periods may be justified for executives with access to trade secrets

Adequate Consideration

  • Initial employment may provide sufficient consideration
  • Continued employment for existing employees
  • Promotions, raises, or bonuses in exchange for agreement
  • Severance pay or other benefits

Common Problems with Non-Compete Agreements

Overly Broad Restrictions

  • Geographic scope covering areas where employer doesn’t operate
  • Time periods that exceed industry norms
  • Industry restrictions broader than employee’s actual work
  • Blanket prohibitions on all competitive employment

Lack of Legitimate Business Interest

  • No trade secrets or confidential information involved
  • Minimal customer contact or relationship development
  • General skills that don’t warrant protection
  • Public information claimed as confidential

Inadequate Consideration

  • Signed after employment begins without additional compensation
  • No meaningful benefit provided in exchange
  • Illusory promises that don’t constitute real consideration
  • Termination without cause negating consideration

Unconscionable Terms

  • Prevents earning a living in chosen profession
  • Disproportionate to employee’s role or access to information
  • Signed under duress or without opportunity to review
  • One-sided terms heavily favoring employer

Challenging Non-Compete Agreements

Legal Defenses to Enforcement

  • Overbreadth Restrictions exceed reasonable limits
  • Lack of consideration No adequate exchange of value
  • No protectable interest Employer lacks legitimate business need
  • Breach by employer Company violated employment agreement first
  • Changed circumstances Conditions have materially altered
  • Public policy violations Agreement harms competition or employment

State Law Variations

Different states have varying approaches to non-competes:

  • States with Strong Restrictions
  • California Generally prohibits non-competes
  • North Dakota Bans most non-compete agreements
  • Oklahoma Limited enforceability
  • Nevada Recent restrictions on non-competes

States with Moderate Enforcement

  • New York Requires reasonable restrictions
  • Illinois Salary thresholds for enforceability
  • Massachusetts Garden leave requirements
  • Washington Income thresholds and notice requirements

Traditional Enforcement States

  • Florida Statutory presumptions for certain terms
  • Georgia Business-friendly enforcement
  • Texas Reasonable restrictions enforced
  • North Carolina Traditional reasonableness test

What Damages Can You Recover?

Economic Damages

  • Lost Wages Income lost due to inability to work
  • Lost Benefits Health insurance, retirement contributions
  • Career Advancement Promotions or opportunities missed
  • Job Search Costs Expenses for finding compliant employment

Injunctive Relief

  • Declaratory judgment Court ruling that non-compete is unenforceable
  • Preliminary injunction Preventing employer from enforcing agreement
  • Modification Court revision of overly broad terms

Attorney’s Fees

  • Fee shifting May be available under state law or contract terms
  • Prevailing party provisions in some jurisdictions
  • Bad faith enforcement penalties

Employer Counterclaims

Employers may seek:

  • Injunctive relief to enforce non-compete
  • Damages for alleged breach
  • Attorney’s fees if contract provides
  • Return of confidential information

Strategies for Dealing with Non-Competes

Before Signing

  • Negotiate terms Seek to limit scope, duration, and geography
  • Request consideration Ensure adequate compensation for restrictions
  • Understand implications Get legal review before signing
  • Document discussions Keep records of negotiations

When Changing Jobs

  • Review restrictions carefully Understand what’s prohibited
  • Seek legal advice Assess enforceability before accepting new position
  • Consider geographic relocation May avoid restrictions
  • Negotiate with new employer Seek legal defense coverage

If Threatened with Enforcement

  • Don’t ignore Respond promptly to cease and desist letters
  • Gather evidence Document overbreadth or lack of protectable interest
  • Assess damages Calculate harm from enforcement
  • Consider settlement May be more cost-effective than litigation

How We Handle Non-Compete Cases

Comprehensive Agreement Analysis

We thoroughly review your non-compete agreement, employment history, and the circumstances surrounding its creation and enforcement.

Enforceability Assessment

We analyze the agreement under applicable state law to identify potential defenses and challenges to enforcement.

Strategic Advice

We provide guidance on career moves, job opportunities, and compliance strategies that minimize legal risk.

Aggressive Defense

When employers seek to enforce unreasonable non-competes, we fight back with all available legal defenses.

Why Choose Phil Flemming for Your Non-Compete Case?

Specialized Knowledge

Deep understanding of non-compete law across multiple jurisdictions and evolving legal standards.

Strategic Approach

We develop customized strategies based on your specific agreement, industry, and career goals.

Proven Track Record

Successfully challenged numerous overly broad non-competes and helped employees protect their right to work.

Practical Solutions

We focus on practical outcomes that allow you to advance your career while managing legal risks.

Filling

Time-Sensitive Nature of Non-Compete Disputes

Immediate Action Required

  • Cease and desist letters require prompt response
  • Temporary restraining orders can be sought quickly by employers
  • New job start dates create urgency for resolution
  • Evidence preservation is time-critical

Court Deadlines

  • Preliminary injunction hearings often scheduled within days
  • Discovery deadlines can be compressed in injunction cases
  • Trial dates may be expedited for non-compete disputes

Don’t wait – contact us immediately if you receive any non-compete enforcement threats.

Frequently Asked Questions

It depends on the terms of your agreement and applicable state law. Some courts are less likely to enforce non-competes against terminated employees.

Non-competes require adequate consideration. If you received nothing of value, the agreement may be unenforceable.

Non-competes typically prohibit competitive employment regardless of whether you use confidential information, but this may be a defense to enforcement.

Many employers will provide legal defense for valuable employees facing non-compete challenges, but you should still have your own counsel.

Take Action Today

Your career shouldn’t be held hostage by unreasonable non-compete agreements.

Don’t let overly broad or unfair restrictions prevent you from pursuing opportunities and advancing your career. The law provides protections against unreasonable non-competes, and challenging these agreements can benefit not only you but all employees in your industry.

Give Us a Call – No Obligation

  • Immediate assessment of your non-compete agreement
  • Analysis of enforceability under applicable law
  • Strategic advice for career moves and job opportunities
  • Action plan for challenging unreasonable restrictions
Call: 480-261-1092
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Your skills and experience are your most valuable assets. Don’t let unreasonable non-competes lock you out of your profession. Contact The Flemming Law Firm today and fight for your freedom to work.

This page provides general information about non-compete agreements and should not be considered legal advice. Every case is unique and requires individual evaluation. Contact our office immediately for a confidential consultation about your specific situation.