Section 25 Checklist for Enforcing or Defending a Breach Claim

• Library: Employer-Employee Law 2008

Whether prosecuting or defending a claim for breaching a noncompetition agreement, there are some basic questions that counsel should consider at the outset:

• Do the terms of the agreement prohibit the specific acts in question

• Is the former employee truly competing—same type of business, same customers

• Does the agreement prevent general competition or is it centered on protectable interests such as customer contacts, confidential information, or trade secrets

• Is the information that is at...