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Wisconsin is an at-will employment state, which means that an employer can fire an employee unless the reason for the termination is unlawful. Examples of unlawful reasons to terminate include an employee's: Age. Race.
There are now five states that outright ban virtually all non-competes, i.e., California, Colorado, Minnesota, North Dakota and Oklahoma. These laws have just very narrow exceptions, such as for certain sales of businesses.
In certain circumstances, it is possible to find non-compete contract loopholes that may void the contract. For example, if you can prove that you never signed the contract, or if you can prove the contract is against the public interest, you may be able to void the agreement.
To be enforceable, a covenant not to compete ?must (1) be necessary for the protection of the employer; (2) provide a reasonable time restriction; (3) provide a reasonable territorial limit; (4) not be harsh or oppressive as to the employee; and (5) not be contrary to public policy.? Fields Foundation, Ltd. v.
Wrongful termination is a phrase often used to describe a termination that someone feels was ?unjust? or ?unfair.? However, in Wisconsin, wrongful termination is actually a specific form of retaliation that occurs when an employer terminates an employee because they refused to perform an illegal act or reported their ...
In Wisconsin, if part of a covenant is held invalid, the rest of the covenant is void. Most states allow the court to edit an illegal covenant into a legal one (commonly the ?blue pencil? test), but Wisconsin follows the ?red pencil? test that strikes the entire covenant if part of it is invalid.
Wisconsin Limits Non-Compete Agreements So even if you've signed a contract that includes a non-compete agreement, your employer may not be able to enforce it against you in court. But that doesn't stop employers from trying to go beyond what the law allows.