Non-compete and non-solicitation agreements are two tools you can use to help protect your business from a former employee’s post-employment actions. But, even when you’ve taken the steps to insulate your company in the right way and had an attorney draft agreements likely to be enforceable in court, what happens when an employee violates an agreement in NC?
It’s vital that you commit the time and financial resources to creating documents drafted by an experienced business law attorney. Perhaps equally as important is having the willingness to enforce non-competes and non-solicitations when a former employee breaches those agreements.
By bringing a civil action to enforce these agreements—which can result in different forms of relief ranging from an injunction to monetary damages—a company sends a message to employees that it is willing to protect the business by enforcing its contractual rights with respect to former employees.
Litigation also serves as a warning to competitors not to hire those former employees, because doing so will likely result in legal action to prevent those employees from working for competitors.
Without former employees, your current workforce, and your competitors being aware of your intent and ability to pursue legal action against any violators, merely having the agreements in place may not be enough to protect your business. There will be those who gamble that even though they signed a document, they will be able to start or work for a competitive business by using company information to get ahead or lure current employees away from your business.
When you demonstrate action against – or make an example of – someone who breaches the contract, you are sending a clear message to all parties. Often, it makes sense for a business to have one legal firm handle their needs. Some firms may be very experienced with drafting documents but may not be willing to go the distance if a former employee puts an agreement to the test. At SeiferFlatow, we can enforce these agreements through litigation on behalf of your business.