To analyze the nuts and bolts of non-compete litigation, it is first essential to understand the definition. Non-compete litigation includes agreements that employers have employees sign to protect intellectual property or talent. 

To put it another way, they are essentially “corporate prenups,” meaning that the end of the relationship does not constitute the end of the legally binding agreement–no amount of hatred toward each other saves you from a court appearance. 

Why and how does this type of litigation affect you? According to NPR, these agreements were traditionally reserved for those considered white-collar professionals, but the tightening labor market has pushed employers toward requesting blue-collar workers to sign them as well. It is also relevant that, over the last decade, the number of non-compete lawsuits has doubled.

AZ Central reported that non-competes are, for the most part, enforceable in Arizona, assuming that they are no broader than necessary to protect an employer’s legitimate interests. The article explained that these matters typically meet the following criteria: reasonable in time (12 months or less) and reasonable in geographic scope (less than a nationwide, statewide or county-wide scope). 

Per Practical Law Labor & Employment, non-compete litigation is fast-paced and expensive, so employers who suspect that an employee has violated an established non-compete agreement should act quickly. The good news: Counxel Legal Firm understands the uncertainty around whether a non-compete is enforceable and has staff dedicated to easing your stress as soon as it begins to creep up. 

As mentioned in one of our previous posts, we are dedicated to drafting well-written, proper non-compete agreements. For further information on the factors in the investigation of a suspected violation, Counxel Legal Firm has additional reading material here.

Contact Counxel Legal Firm

If any of the aforementioned information applies to your current situation, contact a member of Counxel Legal Firm at 480-536-6122 or at to set up a time to meet to go over your legal questions.

This article is intended for informational purposes only and does not constitute legal advice for your specific situation. Use of and access to this article does not create an attorney-client relationship between you and Counxel Legal Firm. Please contact or 480-536-6122 to request specific information for your situation.

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