“A recent study by Shepherd Law Group shows that noncompete litigation nationwide has continued to trend upward, despite a slowing economy and legislative attempts to curb noncompetes. The latest study shows that noncompete litigation has more than doubled since 1995, and has increased by 61 percent from 2004 to 2009.” For more on this trend visit Gruntled Employees.
My personal experience is consistent with the trends noted by the Shepherd Law Group study. More employers are seeking non-competes from new employees, existing employees and even employees who have been fired (and offered severance).