Updating a previous Non-Compete Agreement Law post, on January 19, 2018, the Wisconsin Supreme Court issued a decision in Manitowoc Company v. Lanning affirming the Court of Appeals’ decision that Wisconsin’s non-compete statute, §103.465, Wis. Stats, applies to employment contracts which prohibit an employee from soliciting other employees to terminate their employment relationship with the employer. Although not labeled as a non-compete agreement, the …
Top 5 Signs Of A One-Sided Severance Agreement
As a Milwaukee Employment Attorney, I am often asked to review proposed Severance Agreements for employees, professionals and executives. As these agreements almost universally contain a release of claims, the first, and most important step is to evaluate what employment law related claims the employee will be releasing by signing the agreement. One cannot determine whether the monetary consideration provided …
Severance Agreements – Frequently Asked Questions
What is a Severance Agreement? A severance agreement is a written contract between an employer and an employee which typically provides the employee with monetary compensation and/or a continuation of benefits at the end of the employment relationship in exchange for the employee’s release of claims they may have against the employer. Is My Employer Required To Offer Severance? Maybe. …
Wisconsin Court Of Appeals Strikes Down Enforceability Of Non-Solicitation Agreement
In a recent decision, Manitowoc Company v. Lanning, the Wisconsin Court of Appels struck down a Non-Solicitation agreement as an unenforceable restrictive covenant under §103.465, Wis. Stats, Wisconsin’s Restrictive Covenants/Non-Compete statute. In Wisconsin, despite what appears to be a case law trend to the contrary, Non-Compete Agreements are disfavored under the law and subject to close scrutiny by the Courts. …