Greetings, readers! Dave from AFX here, delving into a topic that’s become a hotbed of litigation in recent times – non-compete agreements. Over the past 24 months, non-compete litigation has surged by about 60 percent, drawing significant attention to the laws surrounding these agreements and how they impact both employers and employees. Let’s explore the intricacies, challenges, and the role of investigative agencies like ours in ensuring fair adherence.

The Non-Compete Landscape: Balancing Interests

Non-compete agreements serve as a delicate balance between safeguarding a company’s proprietary information and allowing employees the freedom to pursue their livelihoods post-employment. The surge in litigation underscores the complexity of striking this balance, with state-specific laws adding layers of nuance.

Key Considerations in Non-Compete Agreements

When it comes to non-compete agreements, several factors come into play:

  1. Good Faith Adherence: Courts often examine whether the employer is acting in good faith, permitting employees to transition out of the company and pursue fair opportunities in the job market.
  2. State-Specific Regulations: Laws regarding non-competes vary widely from state to state. Some states heavily restrict employers, while others afford more flexibility. The specifics may include duration post-employment, industry relevance, and more.
  3. Protecting Company Interests: Employers seek protection against employees taking valuable insights, customer relationships, and technical secrets to competitors. Striking a balance between protecting a company’s interests and an employee’s right to work is crucial.
  4. Qualifying Acts: Some non-compete agreements focus on specific acts, such as an employee directly competing with a former employer or poaching customers. The nature of the acts can impact the enforceability of the agreement.

The Hiring Dilemma: Employers Beware

For employers bringing on new talent, especially those with access to proprietary information, it’s essential to inquire about existing non-compete agreements during the interview process. Failing to do so might lead to legal complications down the road.

The Role of Investigations in Non-Compete Cases

Litigation is rampant in situations where an employee is suspected of violating a non-compete agreement. Investigations play a pivotal role in revealing the facts, whether you’re an employer seeking to protect your company’s interests or an employee navigating a challenging post-employment scenario.

AFX: Your Partner in Navigating Non-Compete Challenges

If you find yourself in a situation involving non-compete agreements, whether as an employer or employee, AFX is here to help. Our investigative expertise can shed light on activities that may be in violation of agreements or provide clarity in challenging situations.

Visit our website at for more information and to explore how we can assist you in navigating the complex terrain of non-compete agreements. Whether you need to protect your company’s interests or ensure fair treatment as an employee, we’ve got you covered.