Legal Developments in Employment Agreements Containing Non-Compete Clauses and Alternate Protections

Andrew Marquardt, Chief Executive Officer and General Counsel, Advantage Tech Inc, USA

As an employment law attorney, I represented employees who were both threatened and sued for alleged violations of non-compete clauses in employment agreements. As a business owner for the past 25 years, I have always required employees sign non-compete agreements. Such agreements are intended to protect the employers’ economic interests without unduly restricting the employee’s ability to find alternative employment. Historically, the enforceability of such clauses depended on the reasonableness of the duration and geographic scope of the restrictions. The law regarding non-compete clauses has largely been created out of case law on a state-by-state basis. This geographic restriction has become hard to define in a world with so many digital companies generating revenue everywhere in the world. In the last few years, however, there have been several developments at the federal and state level looking to further define and curb the restrictions found in non-compete clauses.

Andrew Marquardt has been an attorney for over 30 years. HIs experience includes litigating employment lawsuits representing plaintiffs and defendants. These cases included non-compete litigation, tort and contract claims, as well as discrimination suits. In addition to driving the claims through trial, most disputes were resolved through mediation and arbitration. Mr. Marquardt is also the co-founder, CEO, and General Counsel of Advantage Tech for the past 26 years. IN that capacity, he has drafted, executed, and implemented hundreds of employment agreements. The joint employment doctrine, non-compete law, and leadership are just a few issues Mr. Marquardt has addressed in his company and written about to assist clients and employees.

Advantage Tech, is an IT and professional services firm founded in 1997 by Andrew Marquardt and David O’Brien. Advantage Tech places on average 400 contract and full-time employees each year, which translates to several thousands of placements over the past 26 years. During that time, Mr. Marquardt has hired and terminated hundreds of employees and has drafted and overseen the implement of hundreds of employment agreements. Significant employment issues frequently materialize when dealing with a contingent workforce. Dozens of issues arise relating to any number of clauses. However, the one clause which has created the most consternation with the courts has been the non-compete clause in employment agreements.