Arizona Restrictive Covenants Attorneys
Whether you are an employer, business owner, employee, or independent contractor, understanding non-compete, non-solicitation, and non-disparagement agreements is important. No matter what category you fall into, the Arizona restrictive covenants attorneys at Lerner and Rowe can help you draft, enforce, or challenge these contracts to protect your business, career, and livelihood.
Contact us today at 602-977-1900 if you need legal assistance regarding any type of business-related covenants.
What Are Restrictive Covenants?
Restrictive covenants are used for protecting your business’s confidential information, client relationships, and competitive advantage. These contracts place limits on an individual’s actions during or after their professional relationship with a business. Depending on the circumstances of the business and the employee roles within the organization, these contracts might have clauses that prohibit an employee from the following:
- Working for a competitor
- Starting a competing business
- Soliciting clients, including current or former
- Recruiting employees for their competing business
- Sharing trade secrets, business plans, or other proprietary information
- Making negative or damaging statements about your company, products, or employees
- Contacting vendors or suppliers to divert business from your company
- Taking a similar role at a competing business for a certain period of time
- Claiming ownership of intellectual property or innovations developed during their time with your business
No matter your business or employment status, our Arizona restrictive covenants attorneys can help you draft, enforce, or challenge these contracts.
Types of Restrictive Covenants in Arizona
There are several types of restrictive covenants within the realm of employment and business law. Types that our Arizona restrictive covenants attorneys handle include:
Non-Compete Agreements
These are contracts that bar individuals from working with competitors or starting a similar business within a defined area and timeframe.
Example: A graphic designer agrees not to work for a competing business within the same city or geographic area for a set amount of time after leaving their current employer.
Non-Solicitation Agreements
Prevents employees from soliciting your clients, customers, or employees for personal or competitive gain.
Example: A former sales executive is restricted from contacting or recruiting clients from their previous employer for a certain period.
Non-Disparagement Agreements
Prohibit individuals from making negative or damaging statements about your company, its employees, or its products and services.
Example: A former employee agrees not to publish critical remarks about their previous employer on public platforms, including social media.
Note that sometimes a non-compete contract will also include both non-solicitation and non-disparagement clauses.
Why Do I Need a Non-Compete, Non-Solicitation, or Non-Disparagement Agreement?
Restrictive covenants are vital in protecting businesses by:
- Protecting confidential data and trade secrets
- Maintaining positive client and customer relationships
- Preventing unfair competition
- Protecting and enhancing brand reputation
- Preserve intellectual property
- Securing competitive advantage by ensuring certain information and strategies stay exclusive to your company
Our Arizona restrictive covenant attorneys understand how important it is to protect your business. We are committed to providing you with top legal assistance in drafting the contracts to do so.
Common Challenges in Restrictive Covenants
Various legal and practical challenges make enforcing restrictive covenants difficult. Courts carefully examine these contracts to ensure fairness between business interests and individual employee rights. Legal challenges in restrictive covenants might include:
- Reasonableness of contract terms
- State-specific laws
- If the covenant is necessary to protect business interests
- Ambiguous or conflicting language
- The Federal Trade Commission (FTC) ban on non-compete agreements
These are just a few of the challenges that might arise when enforcing these contracts. Our Arizona non-compete agreement lawyers provide effective solutions to these challenges, crafting agreements that are both enforceable and fit your business needs. Call us today to discuss tailored business protection strategies.
What Our Arizona Restrictive Covenant Attorneys Can Do for Your Business
At Lerner and Rowe, our Arizona restrictive covenant attorneys specialize in providing comprehensive legal services tailored to your unique needs. Whether you are a business owner looking to safeguard your interests or an individual navigating the complexities of a restrictive covenant, here’s how we can help you:
- Draft and review agreements that are enforceable in Arizona
- Create a contract with clauses tailored to your business
- Customize restrictive covenants to avoid unnecessary limitations on employees
- Provide strategic legal guidance if any of your non-compete, non-solicitation, or non-disparagement agreements have been breached
- Gather evidence and build a strong case to demonstrate the breach and harm to your business
- Provide legal guidance for employees under unfair, overly broad, or overly restrictive contracts
- Argue against these restrictions that hinder your career
- Ensure compliance with federal and state laws while maintaining critical protections for your business
- Help you develop contracts, policies, and agreements that protect your business and are fair to employees
- Represent businesses and employees in court and handle negotiations or mediations for employees and businesses
Arizona Restrictive Covenants FAQs
- What are the consequences of violating a restrictive covenant?
Violations of these contracts can lead to lawsuits, fines, court-ordered compliance, and reputational damage.
- Are non-compete agreements enforceable in Arizona?
Yes, if they are reasonable in scope, duration, and geography and protect legitimate business interests.
- Can restrictive covenants be modified?
With mutual agreement, these contracts can be modified before they are signed.
- What’s the difference between a non-compete agreement and a non-disclosure agreement (NDA)?
Non-competes are designed to protect business interests by placing certain restrictions on employees. NDAs protect confidential information by preventing an individual from sharing confidential information. Non-disclosure agreements do not restrict employment or business activities beyond the scope of protecting confidential information.
- What should I do before signing a restrictive covenant?
Consult an attorney to ensure the terms are fair, enforceable, and do not overly restrict your career.
Contact an Arizona Business Contract Lawyer Today
Restrictive covenants, while protecting interests, can create legal issues if not handled properly. Our Arizona restrictive covenant lawyers have the skills and experience to navigate the complexities of these agreements and handle any legal ramifications that might arise. By partnering with Lerner and Rowe, you can protect your rights and your business.To get started on your case review, contact Lerner and Rowe’s Arizona litigation attorneys at 602-977-1900. You can also contact us now through our website’s LiveChat feature or by filling out our FREE online form.