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Blue Penciling

By Ryan B. Frazier

Covenants not to compete are fairly common in employment agreements, especially where an employee may have access to confidential information or possess specialized, unique skills. Noncompete covenants are designed to ensure that employees do not directly compete with the employer when the employment relationship ends. Employers are particularly concerned about an employee's departure when that employee has access to or control over client relationships, customer lists, confidential information, or trade secrets. Such could be exploited in competing with the former employer. An employer is entitled to the goodwill employees develop through direct client contact, but sometimes when employees leave, they see previously developed customer relationships as low-hanging fruit to steal away from the former employer.

Courts Do Not Agree

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