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Merrick, NY—In today’s marketplace, non-compete agreements are becoming more common. A tool that was once limited to high-up executives or think-tank inventors, it’s not unusual to see even relatively low-level employees be asked to sign one, especially if they have access to any proprietary information. And it’s also not unusual for a salesperson to find one handed across the desk with a pen.

A non-compete agreement can be a valuable tool for both employer and employee, says this blog. It conveys a message that a company is serious about protecting its intellectual property and values its employees (though if the company culture doesn’t value employees, the non-compete isn’t going to change that and in fact may be challenged). For any manufacturing company, it can protect your trade secrets, and for luxury jewelers, it can help keep your star salesperson from decamping to your competition with his or her client book.

But how enforceable is a non-compete agreement? According to this article on anthemlaw.com, it varies. Different states have different rules for such agreements--if they're not prohibited outright. If it is challenged in court, different conditions apply. The company will need to demonstrate whether there’s a legitimate business purpose for the non-compete, whether the employee was given some kind of benefit for signing it (often required), is it reasonable in time and scope, and more. Courts also are less willing to enforce a non-compete if it eliminates a person’s ability to work in his or her chosen profession or if it places undue financial prejudice on the person.

Finally, you might find younger workers simply won’t sign them, as pointed out by this Millennial-age blogger. That may not matter right now, but it could in future years as you look to tap into the next generation workforce.

The best advice is not surprising. Consult an attorney before requiring any employees to sign a non-compete agreement.

Top image: blog.certifiedbb.com