Non-Compete
Covenant found unenforceable. Employers Non-Compete Covenant was not supported
by Adequate Consideration where employment period did not exceed two years.
It
is not uncommon for employers and employees to enter into employment agreements
containing a restrictive covenant.
Typical restrictive covenants include confidentiality agreements,
non-solicitation agreements, and agreements not to compete. Unfortunately, all
too often these agreements fail to set forth separate and specific
consideration for the restrictive covenant provisions. Instead they rely upon a general recitation
that the promise to employ is the consideration given for all of the promises
or agreements extended by the employee.
Employers need to