Non Compete Enforcement Lawyers

We Enforce Non-Compete Agreements in Knoxville and Throughout Tennessee

At The Ebbert Law Firm, our Knoxville non compete enforcement lawyer is an experienced, solutions-focused advocate for businesses. With a comprehensive understanding of state law, we are committed to ensuring that our clients are able to enforce non compete agreements. If you have questions about your options, professional support is available. Contact us at our Knoxville law office today to set up a confidential consultation with a Tennessee non compete enforcement lawyer.

What is a Non Compete Agreement?

Simply defined, a non compete agreement is a contract whereby an employee or independent contractor promises not to compete with their employer/company for a pre-specified period of time after leaving the job. It is used by businesses to protect their investment in human capital, their trade secrets, and their customer/client connections. The agreement usually says how long and where the signee (employee/independent contractor) cannot compete with the business.

An Overview of Tennessee Law for Non Compete Agreements

Tennessee law allows businesses to enforce non compete agreements. That being said, there are limits to what a company can do with a non compete contract. To be valid—and enforceable—under state law, a non compete contract must meet certain specific legal requirements. For this reason, non-competes should always be drafted and reviewed by an experienced attorney. Here are key criteria that a non compete agreement should satisfy in Tennessee: 

1. The contract must protect a legitimate business interest; 
2. The contract must be reasonable in scope (time, duration, etc); 
3. The signer (employee) must receive some form of consideration; and
4. The contract must not go against the public interest. 

Note: In January of 2023, the Federal Trade Commission (FTC) announced a proposed rule that would broadly restrict the use of non compete agreements. However, that proposed regulation is still subject to considerable litigation. Our firm is closely monitoring all developing legal and legislative matters that could impact the rights and interests of our clients.

What are Your Options for Enforcing a Non Compete Contract and Employment Contract

Are you looking to enforce a non compete agreement in Knoxville or elsewhere in the surrounding region in Tennessee? It is important that you take a proactive approach. Businesses should address the matter as soon as they are aware of the issue. Here is an overview of your options for enforcing a non compete agreement in Tennessee: 

• Notify the Other Party and Clarify the Non Compete Terms: In many cases, the first step is often to reach out to the other party involved—meaning your company’s former employee or one of its former independent contractors. In doing so, it is vital to clearly communicate the terms of the non-compete agreement. This action serves as a reminder of their commitments and helps avoid misunderstandings. You can send a formal letter detailing the specifics of the contract, including the duration and scope of the non-compete clause.
• Taking Legal Action to Enforce the Agreement: If the initial step fails and the former employee breaches the contract, legal action might be necessary. Before proceeding, assess the situation: Is the breach causing significant harm to your business? If yes, you may need to file a complaint against the party who violated the contract. A Knoxville, TN non compete agreement enforcement attorney can help you determine the best course of action. 

Consider Options for a Settlement: Finally, your business may want to consider options for settling the matter for some form of consideration. There are some cases in which such a resolution can be a more cost-effective solution when compared to a potentially lengthy legal battle. The settlement might involve modifying the non-compete terms and/or compensating your business in some form.

Preparing to Enforce Non Compete Agreement in Knoxville, Tennessee

While non compete agreements are absolutely enforceable contracts in Tennessee, the reality is that courts sometimes look at restrictive covenants with some skepticism. Businesses need to be prepared to present a strong, well-supported non compete case when seeking to enforce a non-compete. Here are two central points to focus on when preparing your claim:

Prove the Situation is Covered By the Non-Compete Contract: Before taking any action, ensure that the current situation falls under the scope of your non-compete agreement. This involves a detailed review of the employment contract to determine if the employee’s actions are in violation. For instance, if the agreement restricts working in a similar industry within a certain geographical area for a specific period, you need to prove that the former employee’s new role violates these terms.

Establish the Validity of the Non Compete Agreement: In Tennessee, for a non-compete agreement to be enforceable, it must be reasonable and not overly restrictive in terms of time, geography, and the type of work restricted. Additionally, it should protect a legitimate business interest like trade secrets, confidential information, or customer relationships. Prepare to demonstrate that your non-compete agreement meets these criteria.

How Our Knoxville Non-Compete Agreement Enforcement Attorneys Can Help

Enforcing a non compete agreement can sometimes prove to be challenging. At The Ebbert Law Firm, we have worked closely with businesses in Tennessee for more than two decades. Our firm is proactive and solutions-focused. When you contact at our Knoxville law office, you will have the opportunity to consult with a Tennessee non compete agreement lawyer who can: 

• Hear what you have to say and answer your legal questions; 
• Conduct a comprehensive review of your non compete agreement; and
• Develop a customized plan of action to help you enforce the non compete.

Get Help From a Non Compete Agreements Lawyer in Knoxville, Tennessee

At The Ebbert Law Firm, our Tennessee business law attorney has extensive experience handling non compete cases to help protect employers from former employees. If you have any questions about the enforcement of a non compete, we are here to help. Contact us today to set up your confidential initial appointment with a top business litigation attorney. With an office in Knoxville, we help businesses enforce non compete agreements throughout the region, including in Knox County, Blount County, Anderson County, Sevier County, and Jefferson County.