Connecticut Employer Gets New Shot at Noncompetition Suit

Jan. 17, 2023, 7:38 PM UTC

Continued employment of an at-will employee can constitute sufficient consideration for the employee’s agreement not to compete with the employer’s business, a Connecticut appeals court said Tuesday.

The Connecticut Appellate Court decision reversing summary judgment for Joseph Schimenti gives Schimenti Construction Co. a second chance to stop a former employee from working for a competing construction company.

There is at least a genuine issue of material fact that Schimenti’s continued employment alone was sufficient consideration to support the noncompetition agreement, the court said. Past state-court decisions don’t support Schimenti’s argument that continued employment alone can’t, as a matter of law, ...

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