Legal Question in Employment Law in Wisconsin
Non Compete Clause
I work for an organization that has a fairly restrictive non-compete clause. I would like to terminate my employment and go to work for a competitor. The company I work for does consulting and sub-contract computer IT work. I would like to work for a competitor selling training. My current employer does not sell training and training is not detailed as one of the activities that constitutes competing. However, there is a clause that states that I cannot 'conduct business' with any current customers or and customers that are deemed potential customers of the company I work for. I believe this is way too restrictive in that conduct business could mean technically that I could not go to the hospital for an injury since the Hospital is a current customer. Does this seem too restrictive to be enforced?
1 Answer from Attorneys
Re: Non Compete Clause
The courts of WI do not like restrictive covenant clauses. Yesterday, a court of appeals found one unenforceable. I think if you will not be doing one of the activities that constitutes competing under the covenant, the covenant may not be enforceable by your current employer.
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