by Charles Horowitz | Jan 6, 2020 | Contracts, Leases, & Disputes, Employment Law, Miscellaneous
Readers of this blog by now are acquainted with Minnesota’s strict consideration requirement for enforcing non-competes. To recap, consideration is fancy language for something given in exchange for something else. For an employer’s restrictive covenant...
by Charles Horowitz | Feb 20, 2019 | Miscellaneous
Without the benefit of court guidance, conventional wisdom in Minnesota has long been that non-competes are enforceable only up to their contractually stated limits. A one year non-compete should run one year from the date the employee departs, not a day more. This...
by Charles Horowitz | Jan 15, 2019 | Miscellaneous
In its latest take on non-competes, the Minnesota Court of Appeals recently affirmed a lower court injunction prohibiting a former Medtronic employee from working for a direct competitor, despite an apparently tenuous claim for potential competitive harm. The...
by Charles Horowitz | Nov 29, 2018 | Employment Law, Miscellaneous
Under longstanding Minnesota’s law, existing employees of any business have a duty of loyalty which precludes, among other things, diverting business to their employer’s competitor. Does this, in the abstract, preclude “moonlighting” in the...
by Charles Horowitz | Sep 21, 2018 | Miscellaneous
From manicurists at your local salon to med-tech engineers to company CEOs, workers up and down the economic ladder are increasingly being required to sign noncompetition agreements (or “non-competes”) as a condition of their employment. Despite an historically tight...
by Charles Horowitz | Sep 18, 2018 | Miscellaneous
Readers of this blog know that reasonableness of non-competes in Minnesota is measured in terms of geographic scope (miles) and temporal scope (months/years). To be enforceable, both must be necessary to protect an employer’s legitimate business interest....