Dale & Eke is taking the COVID-19 outbreak very seriously.  So, for the purpose of maintaining social distancing under CDC guidelines and to promote the health and safety of our clients, visitors and staff and reduce the spread of COVID-19, our physical office will be closed until further notice.

For the time being we are limiting all in-office meetings to those clients and potential clients who are not feeling ill or who have not shown signs of illness.  However, we are recommending that, unless you make other arrangements with your attorney, all client and potential client meetings occur via telephone or video conferencing.  If you have any paperwork for us that you need to drop off, please use the mail slot outside of the front door to our office.

We can still be reached at our office telephone number (317-844-7400). Your call will be answered by our office phone system and you may leave a voicemail in the general mailbox or with a specific attorney. All voicemails left in the general mailbox will be routed to the requested attorney or staff.

You may also email the firm through its website at  www.daleeke.com.

We will continue to monitor this evolving situation and adjust procedures as necessary.  Your health and safety, and the health and safety of our attorneys and staff, is our highest priority.  We thank you for your patience and understanding during these uncertain and unprecedented times.

A Professional Corporation of Attorneys at Law

Is my non-competition agreement enforceable?

A non-competition agreement is a very unique contract between an employer and employee. The reason why it is unique is because a non-competition agreement does not come into effect until after one of the parties terminates the employer-employee relationship.

However, the courts must see your non-competition agreement as reasonable in order to enforce what it says. According to FindLaw, a non-competition agreement must be reasonable in both scope and duration for the courts to enforce it.

Scope: is it reasonable?

If a non-competition agreement is reasonable in scope, this means that the court sees the geographic area it covers as reasonable. One of the purposes of a non-competition agreement is to stop former employees from opening up competing businesses across the street.

It is likely that your immediate geographic locale is a reasonable scope for your non-competition agreement. However, you cannot forbid a former employee from opening up a ‘competing’ business in an area that you have no presence in.

Duration: is it reasonable?

It is almost a certainty that you will not be able to use a non-competition agreement to swear a former employee to secrecy forever. It is also unlikely that information will hold its value forever.  In order for a court to find that your non-competition agreement is reasonable regarding duration, you must understand for how long certain pieces of information are valuable to your company.

In the event that the courts believe that your non-competition agreement is too broad, the courts may narrow the scope and duration of your agreement with no say from you. There is also the potential of the court refusing to enforce the non-competition agreement at all.