William Pentelovitch, member of Maslon's Litigation Practice Group and trial lawyer with over 35 years of experience, offered commentary on noncompetes for the Minnesota Lawyer
article, "Down Economy Leads to Rise in Noncompete Claims." The article, which appears on the front page of the December 15, 2009 issue, addresses the concern that dire economic circumstances are leading to an increase in legal disputes related to employer/employee noncompete agreements, as companies and workers alike are more willing to risk violating those agreements in an effort to gain a competitive edge.
Pentelovitch states, "There does seem to have been a spike over the last 90 or 120 days of suits involving salespeople, especially field representatives." He points out that in a down economy, companies are grasping for market share, sometimes prompting them to make hiring decisions they might not make otherwise. Pentelovitch advises, "The most important thing is, read the darn noncompete and abide by its terms. By and large, courts are going to enforce them, especially if they're written properly."
To view the full article in Minnesota Lawyer, go to: Down Economy Leads to Rise in Noncompete Claims