Andrew Goldberg Analyzes Enforceability of Employer Non-Compete Agreements in Chicago Lawyer Magazine
Laner Muchin Managing Partner Andrew Goldberg’s insights on considerations for employers when drafting non-compete agreements in light of increasing scrutiny of these clauses were recently featured in Chicago Lawyer Magazine.
Last year, Illinois Governor J.B. Pritzker signed an amendment to the Freedom to Work Act which effectively prohibited companies from requiring employees who make less than $75,000 annually to sign non-compete clauses, among other protections for employees. This trend of limiting non-compete contracts has been growing nationwide, causing businesses to reevaluate the scope of these agreements.
Andy highlighted potential questions employers should consider in drafting non-compete agreements such as: “Does this employee have the ability to really hurt us if they go work for a competitor? Do they really know all our trade secrets, all our intellectual property or confidential information, can they really damage us?”.
Andy further discussed the practical changes companies can make by noting that “we’ve been running through with our clients some best practices improvements that they can make to achieve employee longevity. Focusing on not only wages and benefits, but culture and opportunity, and career enhancement.” Andy added: “we advise clients on enhancement opportunities, training programs, other ancillary type benefits and rewards, as well as longevity payments for people for staying for a particular period. If you build the right company, you can better encourage people to stay.”
Read more on Andy’s analysis in Chicago Lawyer Magazine.