Are you wearing the white hat? Eight ways to lose a non-compete case.

About once a month I get a call from an attorney or a client asking me to get my scorched earth battle gear on because they want to go after an employee/former employee who is competing against them in business after having signed a non-compete agreement.

Sometimes, their stories are compelling and the facts are clear that action must be taken.  Sometimes, however, the battle is one of principle that, ultimately, will cost the business owner more in heartache, time away from their own business, and legal warfare fees than the fight is worth.

Whenever the situation is such that the fight is one of pride and principle rather than of solid legal merit, I point my client or colleague to Jay Shepherd’s (Shepherd Law Group) excellent blog post “Eight Ways to Lose a Non-Compete Case.”

His bottom line advice: If you’re truly wearing the white hat (i.e., are the “good guy”), and your agreement is narrowly drafted, and your secrets or customer relationships are indeed  in imminent peril, then you’ve got a fighting chance of winning. Otherwise, wave goodbye to the former employee and get back to work.

Take a look at his 8 excellent tips and then ask yourself if you really want to saddle up that horse:

Gruntled Employees: Eight ways to lose a noncompete case http://bit.ly/NGVEn