b'Business ManagementTHE EMPLOYERS TOOL BUCKETPart 2By Steve Watring of Auman, Mahan & FurryF or your workers, having themost important factor is one you wouldnt find in correct tools in their toolany law book.The biggest factor usually is the bucket helps them getidentity of the judge who will be deciding your the task done efficiently andcase.For example, in my local court, I know professionally.Of course, theone judge that routinely will enforce covenants worker also needs to know whichnot to compete, one judge that will find any tool to use when.It is no different for you, asreason to avoid enforcing them, and other judges an employer, when the task is dealing with yoursomewhere in between these two extremes.Even employees. You need to fill your Employers Toolthough they may be enforceable, many judges Bucket with the tools that you need, and knowHATE them and think that they are not fair.In the when and how to use them.This is the secondend, judges are people, and they generally try in a series discussing different tools to considerto interpret the law to reach a result they see as for your Employers Tool Bucket. Tool #1 can befair.found in the October 2018 Issue of MR Magazine. most judges are only going to enforce Tool #2The Covenant Not tothe covenant if it is necessary to Compete avoid unfair competitionShould I have one in my Tool Bucket?It Depends While fair is in the eyes of the beholder, at When should I use it? Normally at Time of Jobbest most judges are only going to enforce Offer or Promotion/But Other Uses Possible the covenant if it is necessary to avoid unfair Where do I get one?Your Employment Lawcompetition.In general, a covenant is only Attorney enforceable to the extent that it is what I call What should it include?Protection Against Unfairreasonable x 3.This means that it is reasonable Competition in the geographic scope, the duration, and the type of activity or employment being restricted. When I got up this morning, I was planning onAlthough there are exceptions, it is very hard writing this article on something entirely different. to enforce a post-employment covenant that Then, on the morning news I heard Clark Howardis longer than 2 years.If your company or the say that 1 out of 4 employees in the United Statesemployee primarily works in one geographic are subject to a non-compete agreement.Whilemarket, it is going to be difficult to enforce a I dont know if that is true (it seems pretty high tocovenant in another market.If your company me), it moved this subject to the top of my list forfocuses on commercial customers, it will be this months article. difficult to enforce the covenant as to non-Should you have a covenant not to competecommercial customers.in your Employers Tool Bucket?Would it beUnlike a lot of areas of the law, the enforceability enforceable?When and how would you best useof covenants not to compete is very dependent this tool? upon state law.In some states, the covenants A covenant not to compete is an agreementare generally enforceable and a judge can even where an employee agrees that they will notre-write an unreasonable covenant to make it compete against you for a certain period of timereasonable and enforceable.In some states, the after they leave your employment.There are alljudge can strike words but cant write in new ones.kinds of variations of covenants not to compete. In some states, the judge can only enforce the Some are very limited, and some are very broad. covenant as written or not at all.Finally, in some There are many factors that can affect whetherstates covenants are so frowned upon that they a covenant not to compete is enforceable.Theare for all practical purposes unenforceable in'