Employment Law

Severance agreement negotiation: what to look for in the release of claims, the OWBPA requirements for workers over 40, the non-compete and non-disparagement clauses, and how to negotiate a better package

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

ADA reasonable accommodation at work: the interactive process, what employers must provide, the undue hardship defense, and what to do when your request is denied

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

At-will employment exceptions: the three legal doctrines that make a firing illegal even in an at-will state, the public policy exception, the implied contract exception, and the good faith exception

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Fired while on FMLA or medical leave: the interference and retaliation claims, the 'would have been fired anyway' defense, the return-to-work rights, and what to do when your employer eliminates your position while you're out

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Employer retaliation: what counts, the protected activities that trigger anti-retaliation law, the common forms retaliation takes, and how to build a retaliation case

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Fired while pregnant: the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, how FMLA leave intersects, the timing evidence that builds your case, and what to do in the first 48 hours

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Constructive discharge: when quitting counts as being fired, the legal standard for intolerable working conditions, the evidence required, and how it connects to wrongful termination claims

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

What counts as wrongful termination: the at-will exceptions, the protected activities that make a firing illegal, how to prove it, and the 'Can I be fired for [X]?' questions answered

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Exempt vs Non-Exempt Employee: What's the Difference?

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Wrongful Termination vs Constructive Discharge: What's the Difference?

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Whatever Happened to That Non-Compete Ban?

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Alaska non-compete agreement: the common-law reasonableness test, the multi-factor analysis Alaska courts apply, the reformation approach, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Arkansas non-compete agreement: how Act 921 changed the law to permit reformation, the statutory protectable interests, the duration parameters, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Delaware non-compete agreement: why Delaware law governs so many executive and equity agreements, the reasonableness test, the Chancery Court's recent skepticism of overbroad forfeiture provisions, and what employees should know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Hawaii non-compete agreement: the ban on non-competes for technology workers, the common-law reasonableness test for other employees, and what the framework means for workers

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Idaho non-compete agreement: the statutory framework, the key-employee provisions, the duration presumptions, the reformation authority, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Iowa non-compete agreement: the three-part reasonableness test, how Iowa courts evaluate the employer's protectable interest, the partial-enforcement doctrine, and what employees should know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Kentucky non-compete agreement: the common-law reasonableness test, the Creech decision on consideration, the reformation approach, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Maine non-compete agreement: the income threshold, the mandatory waiting period before agreements take effect, the advance-notice requirement, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Mississippi non-compete agreement: the common-law reasonableness test, the reformation approach, the consideration rules, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Montana non-compete agreement: how the statute restricting restraints on trade works, the interaction with Montana's unique wrongful-discharge law, the reasonableness exception, and what employees should know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Nebraska non-compete agreement: the distinctive rule limiting restrictions to customers the employee personally served, the refusal to reform overbroad agreements, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

New Hampshire non-compete agreement: the advance-notice statute, the low-wage worker protection, the reasonableness test, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

New Mexico non-compete agreement: the healthcare practitioner ban, the common-law reasonableness test for other workers, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

North Dakota non-compete law: why the state voids employment non-competes, the narrow sale-of-business and partnership exceptions, what protections survive, and what employees need to know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Oklahoma non-compete law: why the state bans non-competes, the distinctive customer non-solicitation carve-out that survives, what the sale-of-business exception covers, and what employees need to know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Rhode Island non-compete agreement: the Noncompetition Agreement Act, the categories of workers who cannot be bound, the reasonableness test, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

South Carolina non-compete agreement: the common-law reasonableness test, the strict no-reformation rule, the independent consideration requirement for existing employees, and what the framework means for workers

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

South Dakota non-compete agreement: the statutory two-year duration cap, the geographic and scope requirements, the reasonableness analysis, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

West Virginia non-compete agreement: the common-law reasonableness test, the balancing of employer and employee interests, the reformation approach, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Wyoming non-compete agreement: the 2023 Supreme Court decision that abandoned the blue-pencil rule, the new strict approach to overbroad agreements, the reasonableness test, and what it means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Alabama non-compete agreement: how Code §8-1-190 defines protectable interests, the professional exemption that bars non-competes for certain occupations, the presumptive duration limits, and the reformation doctrine

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Arizona non-compete agreement: the common-law reasonableness test, how courts evaluate the employer's protectable interest, the reformation approach, and what the enforcement landscape looks like for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Connecticut non-compete agreement: how the 2023 statutory reforms added termination protections and notice requirements, the common-law reasonableness test, and what the framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Kansas non-compete agreement: the common-law reasonableness test, the recent presumption-of-enforceability legislation, the blue-pencil approach, and what the employer-friendly framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Louisiana non-compete agreement: why La. R.S. 23:921 makes non-competes void by default, the narrow statutory exception that requires listing specific parishes, the two-year cap, and why technical drafting defects routinely void agreements

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Missouri non-compete agreement: the common-law reasonableness test, the 'no more restrictive than necessary' standard, the reformation doctrine, and what employees should know about enforcement

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Nevada non-compete agreement: how NRS 613.195 governs enforcement, the hourly-worker protection added in 2021, the mandatory reformation requirement, and the customer-follow rule that protects departing employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Tennessee non-compete agreement: how the statutory framework under §47-25-101 works, the reasonableness test Tennessee courts apply, the reformation doctrine, and what employees should know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Utah non-compete agreement: how the Post-Employment Restrictions Act caps duration at one year, the fee-shifting penalty for employers who lose, the broadcasting industry rules, and what employees should know

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Wisconsin non-compete agreement: the red-pencil doctrine that voids entire agreements for any overreach, why Wisconsin is the strictest state for employer drafting, and what §103.465 requires

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

California non-compete law: why Business and Professions Code §16600 makes nearly every non-compete void, what the narrow exceptions actually are, and how SB 699 extends the ban to out-of-state agreements

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Colorado non-compete law: how HB 22-1317 imposed criminal penalties for void agreements, the income thresholds that determine enforceability, and why Colorado is one of the toughest states for employers

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Florida non-compete law: how §542.335 creates the most employer-friendly non-compete framework in the country, the statutory presumptions that shift the burden to employees, and what employees can still do

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Georgia non-compete agreement: how the 2011 constitutional amendment transformed enforcement, the Restrictive Covenants Act that replaced decades of hostility, and what the statutory framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Illinois non-compete law: how the Freedom to Work Act changed the rules, the income thresholds that void agreements for lower-wage workers, and the consideration and notice requirements employers must satisfy

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Indiana non-compete agreement: the common-law reasonableness test, the blue-pencil approach Indiana courts apply, the consideration rules, and what the enforcement landscape looks like for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Maryland non-compete agreement: how the 2019 low-wage worker ban works, the common-law reasonableness test for everyone else, and what the enforcement framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Massachusetts non-compete law: how the Noncompetition Agreement Act caps duration at 12 months, requires garden leave or equivalent consideration, bans enforcement against fired employees, and protects lower-wage workers

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Michigan non-compete agreement: how the Michigan Antitrust Reform Act governs restrictive covenants, the reasonableness test courts apply, and why Michigan's reformation doctrine gives employers a safety net

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Minnesota non-compete law: how the 2023 ban works, what survives the prohibition, why pre-existing agreements are still enforceable, and what employees need to know about the new framework

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

New Jersey non-compete agreement: the three-part reasonableness test, the attorney general's enforcement actions against low-wage non-competes, and what the common-law framework means for employees

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

New York non-compete agreement: the common-law reasonableness test, the strict blue-pencil rule, the legislative ban that keeps almost passing, and what the enforcement landscape actually looks like in 2026

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Non-compete agreement enforceability: how the law actually works after the FTC ban died, the state-by-state framework that governs your covenant, and what your non-compete probably does and doesn't prevent

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

North Carolina non-compete agreement: the common-law reasonableness test, the strict blue-pencil tradition, the consideration requirements, and how North Carolina courts actually evaluate enforcement

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Ohio non-compete agreement: how the common-law reasonableness test works, what courts consider when evaluating duration and scope, and why Ohio's reformation doctrine matters for overbroad agreements

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Oregon non-compete law: how ORS 653.295 caps duration at 18 months, imposes an income threshold, requires advance notice, and voids agreements that don't meet every statutory requirement

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Pennsylvania non-compete agreement: the common-law reasonableness test, the continued-employment-as-consideration rule, the blue-pencil approach, and what employees should know about enforcement in the commonwealth

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Texas non-compete agreement: how Business and Commerce Code §15.50 works, the ancillary-to-otherwise-enforceable-agreement requirement, the reformation doctrine that rewrites overbroad covenants, and why Texas is more complicated than it looks

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Virginia non-compete agreement: how the 2020 low-wage worker ban works, the common-law reasonableness test for everyone else, the strict blue-pencil rule, and what Virginia's function-based approach means for enforcement

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst

Washington non-compete law: how RCW 49.62 imposes income thresholds, caps duration at 18 months, requires garden leave for laid-off employees, and awards attorney fees to workers who win

Wesley J. Mercer · reviewed by Curtis Hartley, Consumer Law Analyst