Enforceability generally depends on the scope of the non-compete; job level or job with the employer; length of time of the non-compete; and the geographical area the non-compete applies to. Additionally, it can't result in the employee being unable to make a living. Courts look to reasonably protect the employer's interest. Non-competes are virtually always written/drafted by the employer. Any ambiguity gets interpreted in favor of the employee.
The pertinent geographical area is often the geographical area the employer actually does business in. Certain professions' anti-competes are looked down upon. These are generally state law issues. Viability of non-competes vary from state to state.
There must be consideration for the non-compete to be binding. If the non-compete is part of the written employment agreement/contract, it may be unenforceable depending on the conduct of the employer.
It would seem that someone who manufactures cigars and desires to sell them nationally is probably a federal issue. If the employer has gone overboard, the whole thing may be deemed unenforceable.
In any event how much could one new brand in the entire U.S. cigar market matter? Any body got access to any of the court documents, the anti-compete
rfenst wrote:
