Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: restrictive covenant

The One Area of Connecticut Law Employers Love (For Now)

Posted in Human Resources (HR) Compliance, Laws and Regulations

  Over the weekend, The New York Times ran a surprising (at least to me) article about how Idaho has implemented a legal framework that gives employers a great deal of flexibility in an area getting a good deal more publicity of late: Non-compete agreements. (H/T to a post by Suzanne Lucas in Inc. too.)… Continue Reading

A Rare Look Into An Employee’s Duty of Loyalty to the Employer

Posted in Highlight, Human Resources (HR) Compliance

After nine-plus years of writing about employment law in Connecticut, it’s getting to be pretty rare to find a topic that I haven’t at least touched upon, but here’s one: The Duty of Loyalty. Indeed, a new Connecticut Supreme Court case is giving me the opportunity to do so. The case arises from an employee who,… Continue Reading

MOVE Act Introduced; Non-Compete Agreements Would Be Limited, if Passed

Posted in Highlight, Legislative Developments

While I normally make my year-end reflections at, well, year end, I can’t help but take this moment to see the big picture: We’re hearing an awful lot about restrictive covenants. These covenants — often in the shape of non-compete clauses or non-solicitation (of employees or customers) clauses — have become popular because companies are… Continue Reading

Hiring Without Employment Law Headaches: Five Tips for Employers

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & Hour

On Friday, I had the opportunity to speak to the Human Resource Association of Greater New Haven. My sincere thanks to them for the invitation. The group asked me to talk about various legal traps employers face in the hiring process and solutions to avoiding those issues.  Here are some of the points we talked… Continue Reading

How Long Can You Enforce a Non-Compete Agreement For?

Posted in Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center, Wage & Hour

Back in June, I talked about the standard that courts will follow in deciding whether or not to enforce a non-compete agreement between an employer and an employee.  (Go read it here first.) But many employers want to know something more straightforward: How long can I make the restrictive covenant in my agreement; in other… Continue Reading

Restrictive Covenants in Connecticut: Win Some, Lose Some for Employers

Posted in Highlight, Human Resources (HR) Compliance

In the July/August issue of the Connecticut Lawyer magazine, attorney Joseph Blyskal has the first of a two-part article on the state of restrictive covenants in employment agreements in Connecticut.  I’ve talked about this several times before (most recently earlier this summer), but the Connecticut Lawyer article is recommended reading as well (it’s behind a paywall). It’s worth reviewing… Continue Reading

Picking a Fight: The State of the Law for Noncompete Agreements in Connecticut

Posted in Highlight, Laws and Regulations, Legislative Developments, Manager & HR Pro’s Resource Center, Wage & Hour

The New York Times this morning has an article that suggests that non-compete agreements are being used increasingly in a broader array of jobs. His evidence? Well, the article doesn’t cite that. Though, to the reporter’s credit, in noting the discussion going on in Massachusetts over legislation on the topic, he cites to a trade… Continue Reading

Data Privacy and Human Resources: A Target to Aim For?

Posted in Data Privacy, Highlight, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

Last Thursday, I had the opportunity to speak at the Tri-State SHRM Conference held at Foxwoods Resort Casino.  The session was led by Marc Kroll of Comp360 and I thank him publicly for both the invitation and the coordination. But a post about the great work that HR consultants like Marc do is a topic for… Continue Reading

Legislative Preview: New Life for Noncompete Bill or Is Judicial Reform Better?

Posted in Legislative Developments

One of the bills that passed the Connecticut General Assembly last year was a bill that would have limited the scope and use of noncompete agreements. But as I noted in a post last summer, Governor Malloy vetoed that piece of legislation. In his veto message, however, he signaled a willingness to agree to some… Continue Reading

Restaurant Wars: Restrictive Covenants for Chefs & Tandoori Chicken Tikka

Posted in Highlight, Litigation, Wage & Hour

It’s the summer and let’s face it, our minds turn to mush. That’s why reality television thrives in the summer.  Just the ones on food and dining alone could make up an evening: Chopped. Restaurant Impossible. The Next Food Network Star. (Confession time: I may have watched a few too many episodes of these shows,… Continue Reading

Court Rejects 18-Month Restrictive Covenant on Former Owners Who Became Employees

Posted in Human Resources (HR) Compliance, Litigation

Suppose your company just purchased another small company.  As is typical in such deals, you have hired the owners under a three year employment contract because the professional services and expertise of the owners is important to the deal’s success. In that arrangement, you have a restrictive covenant that says that if and when the employees leave,… Continue Reading

Drafting the Restrictive Covenant to Protect Your Interests

Posted in Human Resources (HR) Compliance, Litigation

An article in this week’s Connecticut Law Tribune suggests “how employees can negotiate around a non-compete agreement.”  But let’s look at the issue from the “other” side — the employer — and ask “how employers can enforce a non-compete agreement.”  There are a number of factors that courts in Connecticut will look at in deciding… Continue Reading

For a Breach of Restrictive Covenant, Court Says No To Extending Duration As Remedy

Posted in Human Resources (HR) Compliance, Litigation

Suppose a former employee has breached your company’s covenant not to compete after she left employment.  Are you, the employer, entitled to get the non-compete period extended as a remedy for the breach? Great question. And one that differs depending on the state. A federal court in Connecticut (Aladdin Capital Holdings, LLC v. Donoyan) looked… Continue Reading

This Week in Social Media & Employment Law: Facebook Privacy Settings, Stored Communications Act, Social Media Policies

Posted in Human Resources (HR) Compliance, Social Media

As social media continues to dominate the world — or at least conversations about employment law —  there are a few notable posts that are worth delving into this week that explore the topic further.  Forbes blogger Kashmir Hill (formerly of Above the Law) has a good piece on whether privacy settings matter on Facebook… Continue Reading

Free Webinar on Restrictive Covenants and What Employers Need to Know Now

Posted in Human Resources (HR) Compliance

Have you taken steps to prevent your business from walking out the door? That issue — and the overall use of restrictive covenants will be the subject of today’s free webinar at noon. You can sign up here.  Our monthly webinar series (after taking the holiday period off) runs on the second Wednesday of each month. … Continue Reading

Enforcing Restrictive Covenants – What Employers Need to Know

Posted in Human Resources (HR) Compliance

There were signs this morning that the economy is starting to pick up again. If that continues to happen, there is no doubt that we’ll start to see many more employees changing jobs to take advantage of new opportunities. But as that happens, some of those employees’ employers will be left scratching their head and… Continue Reading

Quick Hits: EFCA Update; Racial Harassment, Strategic Economic Planning Document,, Non-Compete Agreements, New ADA Regulations

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, Legislative Developments, Litigation

It’s been a busy week. The ABA Journal’s Legal Rebels project stopped by for a visit yesterday. We talked about the blog and how attorneys and clients can really take advantage of technology.  (We also talked about bar association activities; my public thanks to all the people on the various task forces and committees as… Continue Reading

Appellate Court Enforces Non-Solicitation Agreement Even When Clause Misses Operative Language

Posted in Human Resources (HR) Compliance, Litigation

Suppose you’ve drafted a fairly lengthy agreement entitled "Employment, Non-Solicitation, and Confidentiality Agreement" for an employee to sign. And suppose that among the provisions is a paragraph entitled "Agreement Not to Solicit". And now suppose that the language details various items that the employee is prohibited from doing. What’s the issue, you may ask? Well,… Continue Reading

Yankees Mull Non-Disparagement Clauses, but What Does One Look Like?

Posted in Human Resources (HR) Compliance

With the Super Bowl over, there are many in Connecticut who would love to start paying attention to baseball (after all, pitchers and catchers report to spring training in about two weeks). Fortunately, there’s been plenty of drama for New York Yankees fans this week with the release of former manager Joe Torre’s new book,… Continue Reading

Non-Compete Agreements for Security Guards

Posted in Laws and Regulations

With apologies to Alex Trebek, it’s time for a game of legal Jeopardy.  First, the answer: "As a result of a new Connecticut law (effective October 1, 2007), employees in this arcane type of job classification can now bring suit if their employer requires them to sign a certain type of non-compete agreement." The question: What is "classification 339032… Continue Reading