What are the laws concerning non-compete agreements?
In Minnesota, non-compete agreements are contracts between employers and employees that restrict a former employee’s ability to work for a competitor or start a competing business after they have left their position. These agreements are meant to protect the employer’s trade secrets, confidential information, and other forms of intellectual property, as well as preventing former employees from poaching clients or customers. Minnesota labor law contains several restrictions on non-compete agreements. The agreement must be in writing and must include the appropriate language and limits. The agreement cannot prevent the employee from working in the same profession or trade altogether, and generally, any geographic restriction must be limited to a reasonable area. Additionally, Minnesota requires that employers provide some form of consideration for the non-compete agreement. This could be a salary raise, bonus, or other form of payment. If the employee is already receiving normal wages, then an additional payment is not necessary. Non-compete agreements are subject to some scrutiny under Minnesota law. Courts have the power to modify or invalidate non-compete agreements if they believe that they are overly restrictive or if they are found to be contrary to public policy. Because of this, it is important that employers and employees ensure that the language of the agreement is not overly broad or overly restrictive so as to prevent potential disputes in the future.
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