REPRESENTING EMPLOYEES FOR OVER 25 YEARS
Fair Employment Legal Services, S.C.
Attorney John D. Uelmen
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REPRESENTING EMPLOYEES FOR OVER 25 YEARS Fair Employment Legal Services, S.C. Attorney John D. Uelmen
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Noncompete Agreements
There are five factors that courts in Wisconsin use
to determine the enforceability of noncompete contracts: (1) Whether agreement
is necessary for the protection of the employer; (2) Whether it is reasonable
in time; (3) Whether there is a reasonable geographical restriction; (4)
Whether it is reasonable as applied to the employee; and (5) Whether it is
reasonable as applied to the public interest and not contrary to public
policy. Generally, under these guidelines, an employer is more likely able to
enforce an agreement which is narrowly tailored for the particular business
and to a specific employee and less likely able to enforce a broad generic
noncompete agreement which is not narrowly tailored for a specific situation
or employee.
It is usually advisable to consult with an attorney prior to entering into a noncompete agreement. An employee who finds that his opportunities are being unduly restricted by a noncompete agreement should also seek legal assistance to challenge or modify the agreement.
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juelmen@ameritech.net with
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