Enforceability of Non-Competition Agreements in the District of Columbia
In general, non-competition agreements will be strictly construed against employers. These agreements must be as narrowly drafted as possible to protect the vital interests of the employer. If the agreement is too broad or vague, it is unlikely that a court will enforce the agreement.
District of Columbia courts have determined that restrictive covenants are enforceable if the terms are reasonable and necessary to protect certain business interests of the employer such as trade secrets or customer relationships. Factors considered when determining reasonableness include the nature of the business, the character of the service performed by and the station of the employee in relation to the area in which the employer is to be protected and whether the employer or employee acted in bad faith.
Courts will also review terms such as geographical limitation, time limitation, and scope of the limitation to determine reasonableness, and therefore enforceability. With so many variables in the mix, it’s no wonder many employers are unable to walk the fine line between enforceable and non-enforceability.
Our attorneys at General Counsel, P.C. have experience in walking the fine line of protecting a wide range of employer interests, while still remaining narrow enough to be enforceable.
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