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Date: December 12, 2014
Puget Sound Business Journal

Puget Sound Business Journal, December 12, 2014.

Scott G. Warner, a partner of the law firm Garvey Schubert Barer, spoke with Puget Sound Business Journal reporter, Adam Worcester on the changing nature of how the courts are viewing non-compete agreements in light of a more mobile and better educated workforce. “Employee non-compete clauses used to be quite broad, restrictive and overreaching, but now employers have begun loosening up,” said Warner.

“Things have evolved a little bit,” he said.  “A lot of companies, particularly in the tech sector, have realized that an aggressive position on these points is not necessarily conducive to their business.  They now tend to focus more on the things that are really important to them; rather than throwing in the kitchen sink.  They understand that there needs to be some balance between protecting their assets and creating an environment in which employees can thrive and ultimately become advocates for the employer.  So, it is much more common today for non-competes to exclude a specific behavior and then leave room for discussion as to others based on the circumstances.”  Warner said though, that, “Non-competes are only part of the puzzle.  There are also non-solicitation provisions, trade secret and ownership issues that come into play to regulate post-employment behaviors."

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