What Is A Covenant Not To Compete In Wisconsin?

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 may either receive compensation or simply be required to agree as a condition for their employment.

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When are Covenants not to Compete Unenforceable?

Knowing in advance whether a judge will enforce an employee's non-compete clause can be difficult. While employer's interest are significant, the courts of Wisconsin also put a high level of importance on a person's ability to pursue their desired employment opportunities. Consequently, a court will generally only uphold non-compete clauses which under the circumstances are considered to be reasonable. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an excessively long period of time or if they cover an unreasonably large geographic area around Waukesha.

The agreements must also deal only with those competitors whose line of employment is rationally related to the previous employer's. Lastly, the employer must have a valid business interest behind its motivation for mandating a covenant not to compete.

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

You may want to hire a Waukesha, Wisconsin lawyer to review the covenant before signing any agreements that may limit or restrict your rights. The lawyer will then be able to negotiate any modifications to the contract as needed, or they can even draft a new one should it be required by one or both parties. When it comes to suing an employee for breach of a non-compete clause, an attorney can give 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 Waukesha


With a population of just under 65,000, Waukesha is a very popular Wisconsin city to live and work in. In fact, it was ranked 36th on the Top 100 places to live, and one of the 100 best communities for young people to live in as well. The city is located just eighteen miles from Milwaukee.

With all that recognition, it is no wonder that there are so many great lawyers in Waukesha. Whether at the beginning or the end of their legal career, there is a Waukesha lawyer skilled in whatever legal issue you may be dealing with.

In addition to lawyers and a great professional community, Waukesha is also home to many great colleges and universities, including: Carroll University, University of Wisconsin-Waukesha, and the New Tribes Bible Institute.

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