employment Contracts

Non-Compete Agreements

It has become increasingly common for employers to attempt to limit an employee’s post-employment opportunities through the use of non-compete agreements. While non-compete agreements are disfavored by the law, a properly drafted non-compete agreement can be legally enforceable. These agreements often contain substantial volumes of “legalese,” that may significantly affect your career, livelihood, and reputation, and may even restrict your ability to secure future employment.

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How We Can Help

 These agreements are usually prepared by the employer’s attorneys and, predictably, drafted in a manner that is favorable to them.  Therefore, it’s critical to carefully consider the legal and practical implications before signing and/or obtaining competent legal advice. In many cases, the agreements actually contain language that specifically instructs the employee to seek legal counsel before signing the agreement. Such language may be a key indicator that the agreement is drafted in a manner that is favorable to the employer, and not to you.


We will review the agreement to determine whether it is legally sound and/or whether it restricts your right to compete and/or pursue future employment opportunities.


We will provide a negotiation strategy tailored to your unique needs and employment situation.


We will pursue options to preserve future employment opportunities while not unnecessarily burning any bridges along the way.


We will work to obtain prompt closure and a successful transition, tailored to the unique circumstances of your situation.

Non-Compete Agreement

What is a Non-Compete Agreement?

A non-compete is a contractual agreement between employer and employee that restricts the employee’s ability to engage in activities that are competitive to the employer’s interests. Among other things, these agreements may limit an employee’s ability to accept alternative employment, from soliciting the employer’s customers and other limitations that restrict an employee’s ability to perform or accept certain work in the future. These agreements may be enforceable both during the employment relationship and after if ends (whether the employee quits or is terminated), so it is important for the employee to understand the restrictions before signing and/or consult with an attorney.

How Do I know if I have a non-compete?

Employers often require an employee to sign a non-compete as a condition of new or continued employment. Therefore, it is not uncommon for an employer to slip a non-compete agreement into a broader employment contract or new-hire paperwork. Since these agreements necessarily restrict an employee’s employment opportunities, it is critical to (1) carefully review these documents to determine whether a non-compete agreement is included and (2) evaluate the legal and practical limitations of the terms before signing by reviewing the law and/or obtaining competent legal advice.

Where we Can Help

In Wisconsin, non-compete agreements are only enforceable if the restriction is reasonable. In other words, if you signed (or are being asked to sign) a non-compete that includes language that is too broad or restrictive, it may be the case that it is unreasonable and therefore unenforceable. Under Wisconsin law, a non-compete is only enforceable if the covenant (1) is necessary to protect the employer’s legitimate interests, (2) provides a reasonable time restriction, (3) provides a reasonable territorial restriction, (4) is not harsh or oppressive to the employee and (5) is not contrary to public policy. Each part of this five-part test has been further developed/defined by the courts, so it is important to closely review the law and/or consult with an attorney to determine whether the non-compete passes muster and is enforceable.

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Our Firm’s approach is aggressive but practical. Our attorneys are available to directly address your concerns, and put our many years of experience to work for you. Though the events and “drama” that arise in the workplace can often be confusing and emotionally taxing, our legal team deals with these matters on a daily basis. We can therefore provide you with a level head, as well as a well-rounded approach.



We quickly identify the root of the specific problem you are facing at work.



We explain clearly where you stand with respect to your legal rights.



We disclose your options and likelihoods for obtaining a favorable outcome.

We Will Help You Every Step Of The Way

We plead that good legal service starts by alleviating the “ulcer” that comes from not knowing your legal rights, and replacing that with a definitive, smart and practical strategy, moving forward.