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Breach of Non-Compete Agreements

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.

What others are saying about us
  • "I would recommend Mr. Hudspeth unequivocally. Not only is he an outstanding business attorney, he also provided me with access to a divorce attorney. Thanks to his skill, and resources available outside the Phoenix law family, I was successful in challenging a “family law” mediation that was particularly and grossly unfair." - Chandler, Arizona Private Individual

  • "Thank you for the work you have done in creating these documents. It is always a pleasure dealing with this firm!" - J. P.

  • "An excellent response. Masterfully prepared. Thank you." - El Paso, Texas Real Estate Investor

  • "Glad about meeting with Don. Felt so much better, better than in 15 years. Really appreciated the conversation." - RH, Phoenix Manufacturing Company

Donald W. Hudspeth Attorney Photo
Donald W. Hudspeth
Principal Attorney

Attorney Donald W. Hudspeth has more than twenty years’ experience practicing corporate and business law. Before attending law school, Mr. Hudspeth held a stock brokers license at the age of 21 and owned his own business at the age of 23. He was a business law professor at Arizona State University, West Campus, and has conducted classes and seminars for a number of higher institutions and organizations. Mr. Hudspeth has published two books on law and is the founder of the radio programs Law on the Edge and Law Talk.

Robert J. McGee Attorney Photo
Robert J. McGee
Associate Attorney

Robert J. McGee is an Arizona native who has been practicing law since 2014. Robert’s primary experience is with all aspects of intellectual property – trademarks, copyrights, trade secrets, and patents. Robert has substantial additional experience with cyberlaw. He is an avid collector of esoteric knowledge and always takes an interest in the details of how each client’s business works.

Mark S. Hamilton Attorney Photo
Mark S. Hamilton
Attorney

About Attorney Mark S. Hamilton has experience handling all aspects of civil and commercial litigation in federal, state, and tribal courts at the trial and appellate levels. Practice Areas Business litigation Commercial litigation Education University Of Hawaii Wm. S. Richardson School Of Law, Juris Doctor - 2002 University Of Hawaii, Master Of Arts In Asian…

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    The Arizona Republic
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    Arizona Sate University
    Top Rated Lawyers
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  • Lawyers Of Distinction
    2020 issue of AZ Business Leaders

Our firm now offers a scholarship program for ASU first and second year law students.

The scholarship is awarded to students for academic merit with an interest in business and business law. Candidates may have majored in fields other than business, have taken a break between college and law school, or have had exceptional life experiences.

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