A recent decision by the
The Law of Restrictive Covenants
Contract law treats employee non-compete agreements differently than other agreements. In
More generally, these kinds of agreements are called restrictive covenants in employment contracts. This covers two kinds of agreement that often come up. One kind is non-compete agreements, because the employer has said to the employee, "After you leave, do not compete with me." The other kind is non-solicitation agreements, because the employer has said to the employee, "After you leave, just don't pitch to my customers or entice away my employees." Both of these kinds of agreements are a restrictive covenant in an employment contract.
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Footnote
1. No. 19 Civ.8999, 2020 WL 1643396 (S.D.N.Y.
Originally published
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