Monthly Archives: March 2011

Land of the Lost: The Antiquated Notion of Geographically Based Non-Competes

The more non-compete matters I review and litigate the more certain I am that geographically based non-competition covenants should be per se unenforceable.  What is the logic of preventing an employee from selling widgets in Greenville County just because he has sold widgets to certain customers located in Greenville County? (There is none.) How are such non-competes ever reasonable in a post-employment covenant?  (They are not.) Isn’t such a non-compete always broader than it needs to be to protect the former employer’s legitimate interest? (Yes.) Continue reading