Legal Articles, Employment

Court Enforces Non-Compete Agreements Connected to Franchise Agreements

Carvel Corporation v. DePaola, 2001 Conn. Super. LEXIS 1190

Enforcement of a Non-Compete

The trip-wire for the enforcement of a restrictive covenant is a breach by a former employee of contractual provisions contained in the agreement. An employer is entitled to relief if a former employee is engaging, or threatening to engage, in activities expressly prohibited by a non-compete agreement, that would cause harm to the employer. A former employee’s violation of a non-compete agreement constitutes a breach and “dictate[s] that the plaintiff is entitled to enforce the agreement.” An employer may also be entitled to relief where the former employee has not yet breached the agreement but is threatening to do so. Under these circumstances, the former employer may be entitled to injunctive relief from the court restraining any breach irrespective of the potential damage.

NLRA’s Employee Rights No Longer Required to be Posted by Employers

You’ve seen the poster right? You know, the large laminated red, white and blue posters filled with size 8 font of your employee rights and posted near lunch areas or the bathrooms? Well, employers are no longer required to post those for their employee’s benefit according to a new Federal Court Holding.

CT Calls for Broader Initial Disclosures

All of the judges in the District of Connecticut are now using Initial Discovery Protocols in most non-class action employment cases. In applicable cases, the Initial Discovery Protocols supersede parties’ initial disclosure obligations under Rule 26(a)(1) of the Federal Rules of Civil Procedure. Both the plaintiff and the defendant must respond to the Initial Discovery Protocols within 30 days after the defendant has submitted a responsive pleading or motion, unless the court rules otherwise.

Applying Basic Contract Principles to the Enforcement of a Non-Compete Agreement

North American Outdoor Products, Inc. v. Dawson, 2004 Conn. Super. LEXIS 2677

Does Termination of Employment Effect My Non-Compete?

Does Termination of Employment Effect My Non-Compete?

Breach of Non-Compete in Connecticut Insurance Firm

CUNA Mutual Life Insurance Co. v. Butler, 2007 Conn. Super. LEXIS 1623

FINRA Arbitration Awards Employer Over $500,000 for Promissory Notes Accelerated by Employee’s Termination

In the Matter of the Arbitration between Claimants Morgan Stanley Smith Barney and Morgan Stanley Smith Barney FA Notes Holdings, LLC v. Respondent Robert W. Hathaway (2012 WL 2675417)

Change in Business Services/Products Doesn’t Invalidate a Non-Compete Agreement

DiscoveryTel SPC, Inc. v. Pinho, 2010 Conn. Super. LEXIS 2683

Court Modifies Geographical Restriction in order to Enforce a Non-Compete Contract

Eastcoast Guitar Center, Inc. v. Tedesco, 2000 Conn. Super. LEXIS 320

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