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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: affirmative defense

Pleading Former Employer’s Breach Of Employment Contract: Affirmative Defense Or Counterclaim To Suit For Violating Non-Compete And Non-Solicitation Covenants?

Posted in Non-Compete Enforceability, Restrictive Covenants

Affirmative defenses and compulsory counterclaims.  In many instances, the consideration for an ex-employee’s non-compete and non-solicitation covenants was new or continued employment.  If the former employer then breaches the employment contract — for example, by failing to pay all of the compensation and benefits to which the ex-employee was entitled — but nevertheless sues the ex-employee in an effort to … Continue Reading