Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Friday, October 24, 2014

States With Pro-Employee Laws: Noncompete Agreement Hardship On Employee As Defense

Or, States That Don't Suck For Employees Part VIII

Living in Florida, one of the worst states in America for employees on noncompete agreements, I'm used to having to deal with a statute that says the courts cannot consider any economic hardship on the employee when enforcing noncompete agreements. Imagine my surprise when researching New York law to find that other states aren't so heartless.

If you live in Alabama, Arizona, DC, Delaware, Georgia, Illinois, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, New York, Ohio, South Carolina, Tennessee, Utah, Vermont, West Virginia, Wisconsin, Wyoming, then your state courts will balance the hardship imposed on you when considering enforcing whether to enforce the noncompete.

Alaska has a similar defense, which is whether the employee's sole means of support is barred.

Of course, if you're lucky enough to live in California, noncompete agreements are rarely enforced there.

In a country where sandwich makers can be forced to sign noncompetes, it's time that the states that don't consider economic hardship on the employee wake up and protect their citizens.

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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.