Are non competition agreements enforceable in Minnesota?
Minneapolis Employment Law Attorney, Thomas Marshall, discusses non competition agreements and if they’re enforceable in Minnesota.
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Phone: (612) 455-7732
A non-competition agreement is an agreement such as where someone agrees to restrict themselves from the future with their employers. For example, I agree that I won’t work for a competitor of yours for a year after I leave your employment or I agree that I won’t call on your customers for a year or two after leaving your employment. These agreements are enforceable in Minnesota provided certain requirements are met. The most important requirement is that they are supported by adequate consideration and if an employer provides an employee with their offer letter, a non-competition agreement that’s good consideration their employment is.
If an employer offers an employee a non-competition agreement after their employer employment commences, well then the employee has to get something else for that and that’s oftentimes the way these agreements are defeated the employer hasn’t provided sufficient consideration. And sometimes they’re too broad but even if an agreement is too broad the Minnesota courts have the power to still enforce them they just limit them to some extent. So they are enforceable in Minnesota and employee should be aware of what they sign and what rights they have.