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Because it’s technical how you implement a non-competition agreement and whether or not it will ultimately be enforced by a court, it’s important to have an attorney assist and employer in drafting a non-competition agreement. The employer is going to rely on that non-competition agreement. They might rely on it for years before it’s ever challenged in court. And so they won’t even realize that the agreement that they are relying upon to protect their important business assets might not be valid, and so it is critical that you involve an attorney when implementing and drafting a non-compete agreement.
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Minneapolis labor and employment law attorney, Dan Kelly, explains the challenges of using boilerplate non-competes as one reason for employers to not draft non-compete agreements without an attorney’s help.