February 2025 Volume 7

OPERATIONS & MANAGEMENT

thing: confidentiality protection, non-compete and non-solicit restrictions. And for the non-sales management group, perhaps you look at different levels of management, e.g., for lower-level management employees, you may focus on the non-solicit and confidentiality pieces, but for more senior-level management employees, you want it all. In short, having the right agreements is a business necessity. So, if you have none, evaluating what you need would be the first step. If you already have agreements, are they compliant and/or do they do what you need? Changing them has its own set of issues, such as: will a change without some specific consideration (money) even be effective? But if you enact a change that limits the agreement in terms of what you will enforce, you likely can avoid this consider ation question. And maybe you communicate this change/limita tion at the time of separation.

This is meant to be informational and is not legal advice. All these questions and situations depend on their particular facts and the state law(s) involved, so please consult with your counsel. Johanna Fabrizio Parker Partner, Labor & Employment Benesch Friedlander Coplan & Aronoff LLP Email: JParker@beneschlaw.com Phone: 216-363-4585

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