Whether and to what extent a noncompete agreement is enforceable is a hard, if not impossible, question to answer at least so far as it goes for a general answer. If the agreement is signed at the beginning of the employment and is a condition of starting employment, the agreement is almost surely enforceable although still subject to being "blue-penciled" as to its duration and geographic scope. But what about noncompete agreements that are signed long after employment commences, even years after an employee starts working for a particular employer?
The Kentucky Supreme Court's ruling in Charles T. Creech Inc. v. Brown appears to indicate that a long-term employee must receive some benefit beyond mere continued employment for a noncompete agreement to be enforceable. Although it may seem like lawyer waffling, time will tell the true reach and import of the Supreme Court's decision in the Creech case. A word to the wise: if your concerned about a noncompete agreement and it is really important to you, consult an experienced and knowledgeable employment lawyer.
Lexington, Kentucky employment lawyer Robert Abell advises clients on the terms and enforceability of noncompete agreements; contact him at 859-254-7076.
