Monthly Archives: December 2009

Dealt an Unclean Hand: Employer’s Breach Makes a Strong Defense To Noncompete

A basic tenet of contract law is that a person seeking to enforce the contract must have fully performed his obligations under the contract.  Stated simply, you can’t complain about someone else’s breaches if you have breached the contract.  As many courts have been fond of saying, “one who seeks equity must do equity.”  And, in many non-compete cases, the issue arises as to whether the employer has fulfilled all of its contractual obligations under an employment agreement, and if not, the employee can use this “unclean hands” defense in an action to enforce a non-compete agreement. Continue reading