An Employer and Employee Restrictive Covenant Dispute in the News: The Law Behind the Headlines

By: Thomas L. Skalmoski

These recent news headlines tell the tale of a typical dispute between an employer committed to protecting itself from the potential of a departing employee’s unfair competition and an employee wanting to pursue a new employment opportunity: “Kohl’s sues departing executive/Retailer says IT employee knows ‘dangerous’ information about long-term growth strategy” (Milwaukee Journal Sentinel, August 4, 2015), “Kohl’s in job change fight/Company tries to enforce noncompete contract” (Milwaukee Journal Sentinel, August 6, 2015), “Kohl’s fights retailer over exec” (Milwaukee Journal Sentinel, August 7, 2015) and “Kohl’s loses effort to block exec/Judge refuses to stop official from taking higher-paying job” (Milwaukee Journal Sentinel, August 11, 2015). This legal case involved a restrictive covenant — a common device used by employers to protect their business information and customer relationships from unfair competition by a former employee. What are restrictive covenants? Who should be aware of them? Are they enforceable in Wisconsin? Continue reading

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The comments and opinions expressed in this blog are intended for informational purposes only and do not constitute legal advice. Reading or using the information in this blog does not create the existence of an attorney-client privilege. Due to the changing nature of the law, the blog posts may contain dated material. For an update on the current law and the application of the law to your particular facts and circumstances, consult a legal advisor. The information contained herein is not a substitute for obtaining legal advice from a qualified attorney licensed in your state.