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Well if I answer that from the employer’s point of view, one of the things that’s important is a lot of employment agreements are going to contain a non-compete or a non-solicitation provision. And it’s really important for the employer to define what their true business interest is, and how that employee, if they leave the employment might affect their business, because non-compete, non-solicitation provisions are strictly construed by the court.
So in drafting that language it has to be narrowly construed to protect the business interest. It just can’t be a blanket prohibition from that employee going out and getting a job in a competing business. So that’s one of the big mistakes that I see, is that those provisions are too broadly written.
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Minneapolis Estate Planning Attorney Ned Ostenso, talks about the certain mistakes that happen in employment agreements.