Milwaukee Non-Compete Agreement Lawyer

When dealing with non-compete agreements, it’s vital to understand your employee rights. Starting a new job often involves signing a contract governing the relationship between worker and employer. These contracts commonly have a section called a noncompetition clause, or noncompete agreement. These clauses can be difficult to understand, so to protect your rights you should speak with a lawyer you can trust.

A noncompete agreement is a contract that restricts an employee from taking certain actions after the employment relationship ends. Essentially, it is designed to prevent an employee from competing with the former employer by misusing intellectual property, divulging trade secrets, performing similar duties for another company and taking other actions that might be considered competitive.

At Cross Law Firm, S.C., we are dedicated to protecting the rights of Wisconsin workers. We have more than 45 years of experience handling employment law issues, including those involving noncompete agreements. When you come to us, we will analyze the contract thoroughly to make sure it is legal and that it treats you fairly.

To arrange a consultation with one of our experienced Milwaukee noncompete agreement attorneys, please call 414-616-3229, or contact us online. We have offices in Milwaukee and Waukesha.

How Do Noncompete Agreements Work?

In Wisconsin, it is very important for noncompete agreements to be written carefully so that they are not overly restrictive. In our state, if a court finds that the agreement is too restrictive, it will be declared invalid. In fact, these agreements are presumed to be invalid, but the majority of them will actually be considered valid as long as they do not go too far.

What Makes A Noncompete Unenforceable In Wisconsin?

Wisconsin courts do not tolerate overreach. A restrictive covenant must be narrowly tailored to protect a legitimate business interest, not to punish or paralyze a former employee. When employers push too far, they risk triggering an unenforceable noncompete in Wisconsin, leaving their agreements vulnerable to legal challenge.

Here are three common issues that can render a noncompete unenforceable in Wisconsin:

• Unreasonable duration. Time restrictions must reflect the actual risk posed by the departing employee. Often, anything beyond two years is suspect. Courts scrutinize whether the employer truly needs that length of protection or whether it is simply trying to suppress competition. A blanket restriction lasting three, four or five years often signals overreach and may violate Wisconsin noncompete laws.
• Unreasonable geographic scope. A noncompete cannot cross counties, states or regions where the employer has no meaningful presence. If the agreement attempts to bar employment in areas where the company has no clients, operations or market share, it may be deemed unenforceable. The scope must be tied directly to the employer’s actual footprint and legitimate business interest.
• Overly broad scope of activity. A noncompete must be limited to the type of work the employee performed and the applicable industry. If the agreement tries to block someone from working in an unrelated field, it is likely invalid. Courts will not uphold restrictions that go beyond what is reasonably necessary to protect confidential information or customer relationships.

Each of these flaws can open the door to successfully challenging noncompete agreements. Employees should not assume they are trapped simply because they signed. Employers must prove that their restrictions are reasonable, necessary and enforceable under Wisconsin noncompete laws.

If you are facing a noncompete that feels excessive, vague or punitive, do not assume you are powerless. Here are some practical steps to consider taking:

• Review the agreement line by line
• Identify any unreasonable time or geographic restrictions
• Assess whether the scope of activity is overly broad
• Gather documentation about your role and duties
• Explore options for challenging noncompete agreements

You may have legal grounds to fight back against an unjust or overly restrictive noncompete agreement. Understanding what makes them unenforceable in Wisconsin is the first step in freeing yourself from an agreement that compromises your career and your future.

How We Can Help

Our attorneys have in-depth knowledge of noncompete clauses and all other aspects of employment agreements. We offer services for both employees and employers, including:

• Drafting noncompetes for businesses
• Negotiating noncompetes as part of contracts for executives, physicians and other employees
• Negotiating revisions or buyouts
• Working with a new employer who is hesitant to hire a potential employee who is bound by a noncompete

Contact Our Non-Compete Agreement Attorneys

We are ready to answer any questions you may have about an employment contract or a severance package. To schedule a consultation with an experienced attorney, call 414-616-3229. Evening and weekend appointments are available for your convenience.