Common Non-Compete Agreement Questions

Thank you to Epiphany Law for participating in Career Options “Make it Happen in 2017-2018” resource guide for area companies! Please see below for their information on key points regarding Non-Compete Agreements:


Defending Your Company from Unfair Competition

In the employment arena, things are not what they used to be. It used to be that where an employee began working was where he or she retired. It used to be that employees hated your competitors and would never consider leaving to work for them. Unfortunately for your company, the way things used to be is no longer the way they are.

Today, the more valuable your employee is to you, the more valuable he or she is to your competitor – and your employee knows it. In today’s business world, unquestioned loyalty from an employee is ancient history. Consequently, your business needs to take proactive

steps to protect itself from unfair competition.

Astute employers in the 21st century realize a well drafted Non-Compete Agreement is a powerful tool in protecting your company from employee departures and unfair competition. While such an agreement cannot stop an employee from leaving, a Non-Compete Agreement can help ensure that your business will not lose your key employee and your key customers to a competitor. To be enforceable, such Agreements have to be narrowly tailored to protect your business’ legitimate interests.

What are 3 Common Non-Compete Agreement Questions?

Q: I heard that Non-Compete Agreements are not enforceable in Wisconsin. Is that true?

A: No. While it is true that Non-Compete Agreements are not favored under Wisconsin law, a well drafted Agreement is and will be enforceable. The key to

having an enforceable Agreement, however, is working with a business law attorney who is knowledgeable in the complex and ever-changing laws affecting Non-

Compete Agreements.

Q: What kind of competition can I prohibit?

A: In general, you can only prohibit activities that would somehow be unfair to your business. This means that you generally cannot require your janitor or stock clerk to sign a Non-Compete Agreement. In addition, you generally cannot prohibit an exemployee from getting a job. However, you can and should prohibit key employees from calling on your customers for a reasonable period of time.

Q: Can’t I just use a form off of the internet?

A: You can, but you can be nearly guaranteed that it will not be enforceable. The law governing Non-Compete Agreements is very state specific and very circumstance specific. A generic, one-size-fits-all form will never meet your needs and, in all likelihood, will never meet the stringent legal requirements of such agreements. Only by working with an experienced business law attorney do you have any chance of having an enforceable agreement.


For more information regarding these topics, please contact:

Epiphany Law, LLC

Kevin Eismann

4211 North Lightning Drive

Appleton, Wisconsin 54913

(920) 996-0000

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