Autocross Blogs - Ying Ying

An Increase in Employee MobilityEmployers realize that "their employees are more mobile than ever before."10 Such mobility "is prompted not only by the lack of employer structures designed to promote longevity, but also by career advice to employees to build their knowledge, skills, and experience to make themselves more marketable in the ever-changing workplace."11 In addition, demand for "middle managers and skilled workers" has only increased and "employees, enticed by larger salaries and big bonuses," will continue to move with great frequency.12 Because the "competition for talented people today is fierce,"13 a growing number of companies will require noncompete agreements. These companies believe noncompete agreements can "lock up their work force" and prevent talented employees from leaving.14 Unfortunately, a company must be aware of the strong public policy that favors employee mobility. Thus, even though noncompete agreements serve a legitimate business purpose, courts generally disfavor them as anticompetitive restraints on trade.15 As such, many courts will not enforce provisions that are overly restrictive on the grounds that they violate public policy and restrict employee mobility.16 In short, the increase in employee mobility and the public policy that disfavors enforcement of tiffany cuff Links clearance noncompetes suggest that litigation over noncompete agreements will continue to grow.

The Inherent Limits of Employee "Loyalty"When an employer hires its workforce, the employer hopes, tiffany key rings clearance and indeed likely expects, that its employees will be loyal. However, several factors have made employee loyalty a rare commodity. First, as explained above, the free market has led to increased employee mobility, making employees less likely to remain loyal when they are offered better opportunities by their employer's competitor. Secondly, during a down economy and its resulting duress, loyalty may be forgotten. This is evidenced by the fact that "non-compete agreement disputes are becoming much more frequent because a lot of people are being laid off and the opportunities for new jobs are limited."17 These "fewer job opportunities make it more likely that affected employees will join a competitor, which creates a greater likelihood that there will be a breach in a non-compete agreement."18 Thus, in times of both economic boom and bust, there is an incentive to some to be disloyal. The increasing willingness of employees to do precisely that may lead to an increase in noncompete litigation in the future.