“Continued Employment: Lawful Consideration in Non-Competes?”
American Bar Association Business Torts & Unfair Competition Journal 08/20/15 By Stacy A. Alexejun, Andrea J. Fowler, and Brandon M. Krajewski
Below is an excerpt:
The Wisconsin Supreme Court recently held that continued employment constitutes lawful consideration to support a non-compete agreement signed by an existing at-will employee. Runzheimer Int’l, Ltd. v. Friedlen, 2015 WI 45, 362 Wis. 2d 100, 862 N.W.2d 879 (Apr. 30, 2015). Settling an issue raised but not decided in the court’s prior decision in Star Direct, Inc. v. Dal Pra, 2009 WI 76, 319 Wis. 2d 274, 767 N.W.2d 898 (2009), the Runzheimer decision makes Wisconsin the thirtieth state to conclude that continued employment does constitute consideration.