The various laws, statutes, and policies governing non-compete agreements are nuanced, inconsistent, and sometimes downright contradictory from state-to-state.  The issue of consideration is no different.  Like other contracts, non-compete and restrictive covenant agreements must be supported by adequate and sufficient consideration at the time of execution.  However, what constitutes adequate consideration for a restrictive covenant, especially a non-compete provision, varies from state to state.  And, more importantly, the concept of adequate consideration has shifted in recent years reflecting an increasingly strict approach to enforcing non-compete agreements post-employment.
Continue Reading For Your Consideration: Recent State-to-State Developments on Sufficient Consideration for Employee Non-Compete Agreements