Measuring Midstream Noncompetes In Midwestern Courts
June 11, 2015, 11:02 AM EDT
Law360, New York (June 11, 2015, 11:02 AM EDT) -- The Wisconsin Supreme Court recently brought much-needed clarity to Wisconsin employers and helpful guidance for other jurisdictions in ruling that continued at-will employment constitutes legal consideration to support a noncompete entered into during the course of employment. Runzheimer International Ltd. v. Friedlen, 2015 WI 45 (April 30, 2015).
In addressing the question of consideration for a midstream noncompete, the Wisconsin Supreme Court held that “an employer’s forbearance in exercising its right to terminate an at-will employee constitutes lawful consideration for a restrictive covenant.” Id. at ¶59....