Epstein Becker: Wisconsin SC Clarifies Rule Surrounding Continued Employment As Non-compete Consideration | Practical Law
https://content.next.westlaw.com/practical-law/document/Ib8d354eff80111e498db8b09b4f043e0/Epstein-Becker-Wisconsin-SC-Clarifies-Rule-Surrounding-Continued-Employment-As-Non-compete-Consideration?viewType=FullText&transitionType=Default&contextData=(sc.Default)This Law Firm Publication by Epstein Becker & Green, P.C. addresses Runzheimer International v. Friedlen and Corporate Reimbursement Services, Inc., in which the Wisconsin Supreme Court held that continued employment is sufficient consideration for a current at-will employee's signing of a non-compete agreement. However, the non-compete is likely voidable if the at-will employee is fired shortly after signing. The court did not specify how long after signing the non-compete an employee must be employed, only suggesting that a non-compete will be enforceable if the employer does not end the employment relationship "moments after" the employee signs the agreement. A concurring opinion argued that the decision temporarily changes the at-will relationship into an employment contract.
Published on 04 May 2015 • United States, Wisconsin
This Law Firm Publication by Epstein Becker & Green, P.C. addresses Runzheimer International v. Friedlen and Corporate Reimbursement Services, Inc., in which the Wisconsin Supreme Court held that continued employment is sufficient consideration for a current at-will employee's signing of a non-compete agreement. However, the non-compete is likely voidable if the at-will employee is fired shortly after signing. The court did not specify how long after signing the non-compete an employee must be employed, only suggesting that a non-compete will be enforceable if the employer does not end the employment relationship "moments after" the employee signs the agreement. A concurring opinion argued that the decision temporarily changes the at-will relationship into an employment contract.