Oshkosh Non-Compete Agreement

A covenant not to compete generally implies that a Wisconsin employee makes an agreement not to work for any of their employer's competitors should they leave the company for any reason. These covenants are typically called "non-compete clauses". Employees who sign them can either receive compensation or simply be required to agree as a condition for their employment.

When are Covenants not to Compete Unenforceable?

Knowing in advance whether a judge will enforce an employee's non-compete clause can be difficult. Although the interests of employers are significant, courts in Wisconsin also give importance to an employee's freedom to choose the type of employment that they desire. As a result, courts usually uphold only those covenants that are consider to be reasonable according to the circumstances. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an unusually long period of time or if they cover an unreasonably large geographic area around Oshkosh.

The agreements must also deal only with those competitors whose line of employment is reasonably related to the previous employer's. Lastly, an employer is required to have a legitimate business reason in its motivation for imposing a covenant not to compete on an employee.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

Before you sign any documents that could restrict your rights, you may consider hiring an Oshkosh, Wisconsin attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. When it comes to suing an employee for breach of a non-compete clause, an attorney can provide valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.

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Life in Oshkosh

Oshkosh, Wisconsin is a city in Winnebago County. According to a Census estimate from 2007, its population is approximately 64,000 people.

Oshkosh is named the Menominee Chief Oshkosh, whose name means "claw" in the Menominee language. He was one of the first Native Americans in the area to make contact with European settlers and fur traders in the 18th Century.

During the early 19th Century, the area gradually grew as a trading post for furs, meat, and other natural resources that were abundant in the frontier. By the mid-19th Century, the industrial revolution was underway, and Oshkosh, Wisconsin's economy boomed thanks to its abundant lumber, and the building boom brought on by industry. The presence of navigable waterways and, later, the arrival of a railroad made the area even more attractive for this industry.

Modernly, Oshkosh is a fairly quiet city, with a large number of residential neighborhoods. Its economy is faring relatively well, compared to other cities in the region, doing slightly better than the national average in several indicators, such as unemployment and the percentage of people below the poverty line.

If you live in Oshkosh, Wisconsin, and have a legal issue, it's likely that there's an attorney who can handle it, no matter how complicated or simple it is. Oshkosh, Wisconsin lawyers can handle just about any case you can throw at them.

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When are Covenants not to Compete Unenforceable?