Episode 144

9/14/23

Topic: Questions to Ask About Noncompetes and Nonsolicitations

Guest: Dan Gordon & Donnie Shelton

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In this episode we discuss:

• How Dan and Donnie are not lawyers and this episode does not constitute legal advice

• Why companies use noncompetes and nonsolicitations

• How the legality of these agreements varies across states and why the rules may be changing on a federal level

• The difference between the two types of agreements

• The fact that some workers are working multiple full-time jobs, sometimes for competing companies

• The role of "stay bonuses"

• An example of an M&A deal falling apart due to lack of a noncompete/nonsolicitation

• Why it's important to check with your attorney to update your agreements and see if your agreements are enforceable

• Whether it's a good idea to enforce these agreements or not

Resources mentioned:

• PMP Industry Insiders Episode 121 with Jean Seawright: HR Hot Topics: Noncompetes, Independent Contractors & Exempt Employees

Notable: "(Customers) are not necessarily loyal to your brand, they are loyal to your people." —Donnie Shelton

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