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2018 February

Maintaining Options for Low-Income Workers

How to Defend Clients Against Noncompete Agreements

By Carol Brooke

Defending clients against the enforcement of unfair noncompete agreements should be part of a legal aid practice representing low-wage workers. Employers are increasingly using these agreements, which greatly restrict employment options, with unskilled workers. A careful exposition of the facts and use of public-policy arguments can yield strong defenses against breach-of-contract and related claims. Attorneys should also consider potential counterclaims.

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