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A number of employers will utilize restrictive covenants such as having employees sign confidentiality, non-competition and non-solicitation agreements upon hire. When the employee leaves, the employer will enforce the agreement against the employee. Let us assume an employer had an employee sign a non-competition agreement that restricted the employee from working for a competing employer within a 30 mile radius of where the employee last worked for the employer and for a duration of two years. If this restrictive covenant essentially means the employee would need to relocate or commute to work over one hour one-way every day to get to an employer that is far enough away not to violate the covenant, would you deem it to be too restrictive? Why, or why not?
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