Non-compete Agreements

By Tara Nethercott

The following is a brief summary of state employment laws.  This summary is provided for general information only and is not intended as legal advice.  Please consult a Woodhouse Roden Nethercott, LLC attorney for more specific guidance. 

Non-compete Agreements

Noncompete restrictions in employment agreements are enforceable under Wyoming law if the covenant is (1) in writing, (2) part of a contract for employment, (3) based on reasonable consideration and (4) not against public policy.  Hopper v. All Pet Animal Clinic, Inc. 861 P.2d 531, 540 (Wyo. 1993).  Legitimate interests of the employer that may be protected from competition include trade secrets that have been communicated to the employee during the course of employment, confidential information communicated by the employer to the employee, and special influence by the employee obtained during the course of employment over the employer’s customers.  Covenants not to compete are only sustained if they are no wider than reasonably necessary for the protection of the employer’s business and do not impose undue hardship on the employee.  Ridley v. Krout, 180 P.2d 124, 127 (Wyo. 1947)

If you are being asked to sign a non-compete agreement, consult a lawyer with Woodhouse Roden Nethercott, LLC before you sign.