Howbinding is a non-compete agreement?

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Howbinding is a non-compete agreement?

I have worked in a printing company for a little over a year and signed a non-compete agreement when I was hired. I have been offered employment with another company in the same city that also does printing, however they offer insurance and 401K which my current employment does not. Can I legally leave where I am now because of the advanced benefits? I twant to tell my current employer what I have been offered and that if they can match the benefits I will stay.

Asked on January 15, 2019 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your state (Wisconsin) does enforce non-competition agreements, to the extent that they are reasonably necessary to protect legitimate business interests. Stopping competition by former employees, at least for a reasonable period of time (such as preventing employees from immediately using their knowledge or experience to compete with their now-former employee) is typically seen as legitimate, so the presumption is that a non-compete is enforceable, so long as the geographic scope (i.e. area covered), duration (how long), and types of jobs prevented (i.e. only ones doing the same or similar things as what you did at the employer) are reasonable. Generally, a six or so month limitation will be considered reasonable; in terms of area covered or geographic scope, that depends on the industry and your area: how distant are competitors to your employer located. For example, a local print shop might only need protection from competition within a 5 mile radius; a newspaper printer, for competion within that newspaper's circulation area; a book printer, it could even be a wider area, since they serve customers nationwide.
To really know the limitations on you, bring a copy of this agreement to an employement law attorney to review it, and the specifics of your job, with you.


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