Phoenix Breach of Non-Compete Agreements Lawyers Protect Businesses
Arizona attorneys take on former employees who violate their contract
Former employees can exploit an unfair advantage over the companies for which they previously worked if they are allowed to compete against them. Trade secrets, customer goodwill and business methods that it took their former employers took years to acquire might be turned against them. Many businesses seek to avoid this result through non-compete agreements, but some people ignore their contractual obligations. When that happens, businesses throughout Arizona can count on the Law Offices of Donald W. Hudspeth P.C. of Phoenix to enforce the non-compete agreements. We are ready to put our more than 20 years of business litigation experience to work for you.
What is a non-compete agreement?
A non-compete agreement is a contract or contract provision that restricts the employee’s opportunities to compete against the employer’s business. Arizona law requires non-compete provisions to be written narrowly enough that they only prevent the employee from gaining an unfair advantage based on their work with the business. Courts will not enforce agreements or provisions that are drawn too broadly. For this reason, many non-compete agreements have “step-down” provisions, imposing a series of narrower restrictions that take effect if a court strikes out the broader ones.
We can pave the way for the successful enforcement of non-compete agreements by drafting them for our clients. However, we also review non-compete agreements prepared by others, advise businesses on whether an ex-employee has violated their terms, and assess whether a court is likely to enforce it.
When do courts enforce non-compete agreements?
It is not always clear what a court will consider a proper non-compete agreement, but they generally look to see if the restrictions are limited to:
- Preventing the employee from interfering with the employer’s interest in selling its particular line of products or services
- The geographical area where the employee operated
- A reasonable time period, generally not more than two years, although there is no guarantee the court will allow it to last that long
Assuming the court upholds some or all of the non-compete agreement’s restrictions, a business must also prove that the ex-employee violated those enforceable restrictions. When that is demonstrated, a former employer might be entitled to:
- A temporary restraining order or temporary injunction against the violator until the court makes a final determination
- A permanent injunction against the violation
- Reasonable damages for business’ losses caused by the violation
Our skilled, experienced business litigators will build the strongest liability case they can and seek the remedies that will make your business as whole as possible.
What is a non-solicitation agreement?
A non-solicitation agreement is similar to a non-compete agreement, but focuses on preventing the ex-employee from contacting the company’s customers. As with a non-compete agreement, a non-solicitation agreement must be limited in scope. For instance, a court will not find that an employee violates a non-solicitation provision by soliciting customers to buy a product or service that the former employer doesn’t offer. We will aggressively represent you against former employees to the extent they violate enforceable non-solicitation agreements.
Contact a dedicated Phoenix breach of non-compete agreements law firm
The Law Offices of Donald W. Hudspeth P.C. take a practical approach to litigating breaches of non-compete agreements. We prepare carefully the best case we can present and aggressively pursue suitable remedies for our clients. To schedule a consultation, call our Phoenix firm today at 866-696-2033 or contact us online.