This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
Wisconsin Complaint for Injunction - Covenant not to compete
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State:
Multi-State
Control #:
US-CMP-10058
Format:
Word;
Rich Text
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How to fill out Complaint For Injunction - Covenant Not To Compete?
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FAQ
California law bars covenants not to compete in nearly all circumstances. In Edwards v. Arthur Anderson, the California Supreme Court determined that the law should be read strictly, and not only void the ?unreasonable? noncompete clause, but all noncompete clauses other than those explicitly allowed in the code.
Wisconsin law prohibits courts from enforcing non-compete agreements in certain situations. 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.
Wisconsin law has specific requirements that must be met in order for restrictive covenants to be enforceable. First, the restrictions must be necessary to protect the employer's legitimate business interests. This means that the restriction must be reasonable in scope, duration, and geographic area.
Although governed by individual state laws, common factors include whether the employer has a legitimate interest to protect; whether the geographic scope prevents the worker from making a living; the length of restriction; whether the agreement prevents workers from doing different work from what they are doing; and ...
California law bars covenants not to compete in nearly all circumstances.
The agreement is not enforceable because the time period it covers is too long. The period considered reasonable varies by state but typically ranges from 6 months to two years. Longer agreements will likely be found invalid. The territory covered by the agreement is too large.
Specificity: A non-compete agreement must be specific about the activities it prohibits. Additionally, the covenant must clearly articulate what activities are considered competing and those activities must be substantially similar or related to the work the employee performed for the employer.
Covenants not to compete are frequently enforced where the former employer's "confidential information" may be used or disclosed unless the employee is restrained from competing.