A company’s ability to block employees from going to work for a competitor keeps getting narrower and less legally certain, as state limits on restrictive employment contracts spread alongside federal scrutiny. Minnesota became the fourth state to ban virtually all employee noncompetes and New York may soon be following. Thomas Muccifori, Chair of Archer’s Trade Secret Protection and Non-Compete Group, has been closely monitoring other efforts to ban employment related non-compete covenants so that our multi-state clients can be aware of changes in state law and plan accordingly. Tom was recently quoted in Chris Marr’s Bloomberg article, “States Add to ‘Fire Hose’ of Noncompete Issues Vexing Employers.” When asked his thoughts on the non-compete debate, Tom stated, “it’s really a seismic change in the landscape of these agreements happening at the state level and at the regulatory level.”
Tom works with multi-state employers with employees inside and outside their home location to help them understand that there may be several choice of law possibilities which vary widely and can impact the enforceability of otherwise seemingly reasonable non-compete agreements.
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