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Employment Contracts and Non-Compete Agreements


Wisconsin Employment Contract Lawyers

Helping Businesses in Milwaukee Create Enforceable Employee Agreements

In many fields, it is commonplace to sign contracts between a business and employees restricting the actions of the employee. Business owners find that these agreements are critical to the success of their businesses because they prohibit employees from going to work for competitors or from sharing sensitive or proprietary information.

Examples of these agreements are:

  • Non-compete Agreements
  • Confidentiality Agreements
  • Non-solicitation Agreements

Key Issue: Making Employee Agreements Enforceable

The principle concern of the attorneys at our firm is that the employment agreement you use is enforceable. Employment agreements have been heavily litigated in courts over the years. Courts have held employment agreements unenforceable for various reasons.

For example, courts have found that placing too many restrictions on employees after they leave will mean the agreement is not enforceable. This would mean that the employee is free to do what he or she chooses.

In order to be enforceable, agreements must meet the following five requirements listed section 103.465 of the Wisconsin Statutes:

  1. The employer must have a protectable interest in limiting competition;
  2. The non-compete agreement must contain a reasonable time limitation;
  3. The non-compete agreement must contain a reasonable geographic limitation;
  4. The restrictions in the non-compete agreement must be reasonable to the employee;
  5. The restrictions in the non-compete agreement must be reasonable to the general public.

Our knowledgeable employment lawyers are up to date on all cases and statutes in this area of law and will be able to draft an enforceable employee agreement that suits your business needs.

The other key requirement of employment contracts is that they are accompanied by “consideration.” Consideration is required for all contracts. Consideration is a legal term that in this context means that the employee signing the agreement receive some benefit by signing the agreement. If the contract is signed when the employee is hired, the employee’s consideration for signing the agreement is the job or job offer.

There have been recent changes to this area of law in Wisconsin, however. It may now be possible to ask existing employees to sign a non-compete or other employment contracts. Seeking advice for your business’ situation is crucial in determining the best course of action.

Contact a Milwaukee Employment Contracts Attorney

Contact the attorneys at Gimbel, Reilly, Guerin & Brown, LLP to discuss your issues concerning employment agreements. We have served clients in Milwaukee, Wisconsin as well as Waukesha, Green Bay, Racine, and Shorewood, Wisconsin. To schedule a free consultation with one of our skilled business attorneys, call us today at 414-271-1440.

Attorneys on our Employment Contracts and Non-Compete Agreements Team:

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