What factors do courts typically favor when reviewing a dispute over a non-compete agreement?
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It may be surprising to people, but really I think courts look to the story behind the non-competition agreement and see who is the good actor and who is the bad actor in any kind of non-competition dispute and so if an employer is able to demonstrate that they implemented the agreement correctly, that they did it to protect legitimate business interests and that they enforced it fairly and reasonably, I think an employer will prevail in a non-competition lawsuit. If, on the other hand, it seems as if the employer is trying to enforce a non-compete agreement just to prevent an employee from leaving their employee or to be vindictive because the employee decided to leave, I think the courts would disfavor that.