He signed an agreement, I want to hire him.

[LukeAitken]

Wisconsin- My friend worked for a water treatment company and signed something saying that he cannot work for another water treatment company for 2 years. I want to hire him, but his old employer will throw a fit. What can be done? Is this agreement legal?

 

[cbg]

There is no possible way anyone on a bulletin board can answer that question, unfortunately. Non-compete agreements are very fact specific as to their enforceability. I can tell you this; in my state the agreement itself might be valid but no court would enforce it for a full two years. Other states might feel differently. Your friend should have the agreement looked at by a local attorney.

Beth3 might have some additional information as she is in Wisconsin.

 

[Beth3]

Sorry - I can't shed any light on what constitutes an enforceable non-compete in Wisconsin. It's not an issue I've ever had to mess around with on either side of the fence (employer or employee.) You'll need to show a copy of whatever was signed to an attorney. I suspect the two year non-compete period would be a problem though.

 

[dannk]

here's an idea.......if he cant work for you as an employee.....

Then it leaves the door wide open to be an independant contractor until the 2 years is up.

 

[Beth3]

The requirements from the IRS and the DOL for an individual to meet independent contractor status are quite rigorous. If you consider this idea, be sure and research it very carefully before proceeding.