Although they are sometimes enforceable, some no-pocher agreements are too restrictive to be valid. These agreements may require the support of a qualified labor lawyer to deny them. Nashville labor lawyers in the Employment and Consumer Law group have experience negotiating no-debauchery agreements prior to signing and, if necessary, going to court to have them declared illegal. Using an attorney for no-poaching agreements in Nashville can help you ensure that your agreement is legal, fair, and enforceable. In today`s highly competitive market, companies are increasingly relying on non-competition or non-competition rules to protect markets and trade secrets. A non-competition clause is a contract between a worker and an employer in which the worker undertakes to comply with certain restrictions of competition when his employment relationship ends. Competition bans generally include geographical and temporal restrictions, as well as agreements not to disclose trade secrets or to keep customers away from the employer. As a general rule, a non-competition clause prohibits the worker from setting up a competing business or competing as an employee of another company within the time and geographical limits provided for in the non-compete clause. In most cases, non-competition clauses are legal and binding as long as the agreement is not too broad or repressive. However, some employers, perhaps many, misinterpret the law in this area and the courts do not like the rules of non-competition in general and in the past. In a recent decision, Julian Hinson d/b/a Trivia Time v. Thom O`Rourke, the Tennessee Court of Appeals upheld a court`s decision that an after-employment non-compete clause was not applicable. Joseph Fuson and Mark Freeman provide process advice and advise employers and workers on issues of prohibition of competition and debauchery.

Competition bans and debauchery bans are specific areas of law that require an experienced lawyer. Time is running out and we are available to help. Contact Joey or Mark or one of our talented staff at 615.298.7272. If you`re not sure about anything about your agreement, one of our lawyers for debauchery ban agreements in Nashville could talk to you about what expressly prohibits your agreement and make sure those bans are fair and appropriate. In Hamilton-Ryker v. Keymon, 2010 Tenn. App. LEXIS 55 (Tenn.

Ct. App. 2010), a temporarily dismissed employee who sent electronic documents about a client of her employer from her work email address to her personal email address. The client then terminated the business relationship with the employer. The employer then sued the employee for breach of contract, misappropriation of confidential information and violation of TUTSA. The court of justice rendered a verdict for the employer and the Tennessee Court of Appeals upheld an arbitration award of nearly 1,000,000 $US to the employer and noted: 1) that the information, which was sent to the worker`s personal email address, was a trade secret; (2) that the non-compete agreement was enforceable despite the absence of geographical restrictions and (3) that the evidence supported the award of damages, including punitive damages. If you have any questions regarding the misappropriation of trade secrets or prohibitions on competition or debauchery, contact Victoria Holladay, vholladay@fordharrison.com, (901) 291-1531 or the Ford & Harrison lawyer with whom you usually work. In the event of a legitimate business interest, the courts will carefully consider the extent of the restrictions to ensure that they are appropriate for the protection of those interests….