Wisconsin Employee Restrictive Covenants

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Description

Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.

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FAQ

Restrictive covenants can generally be found in one of three forms: non-disclosure, non-solicitation, and non-compete clauses. Sometimes their usage is a reasonable attempt to ensure the success of the business.

Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...

Wisconsin law prohibits courts from enforcing non-compete agreements in certain situations. So even if you've signed a contract that includes a non-compete agreement, your employer may not be able to enforce it against you in court. But that doesn't stop employers from trying to go beyond what the law allows.

In Wisconsin, if part of a covenant is held invalid, the rest of the covenant is void. Most states allow the court to edit an illegal covenant into a legal one (commonly the ?blue pencil? test), but Wisconsin follows the ?red pencil? test that strikes the entire covenant if part of it is invalid.

The other types of restrictive covenants found in employment contracts are non-disparagement, non-interference and non-solicitation.

The most common types of post-employment restrictive covenants include non-competition clauses and restrictions prohibiting the solicitation of customers/ clients and employees, each of which are in effect both during the employment relationship and for defined period thereafter (e.g. six months).

When a party enters into a restrictive covenant, he/she agrees to refrain from doing something or from using a property in a certain way that is restricted by the contract. For example, when purchasing real estate, the buyer may agree to use the property for the designated purpose only and not for other purposes.

Restrictive covenants may contain 4 different types of promises: (1) a promise not to compete with one's former employer; (2) a promise not to solicit or accept business from customers of the former employer; (3) a promise not to recruit or hire away employees of the former employer; and (4) the promise not to use or ...

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Wisconsin Employee Restrictive Covenants