August 20, 2015 Articles

Continued Employment: Lawful Consideration in Non-Competes?

Wisconsin joins the expanding majority view.

By Stacy A. Alexejun, Andrea J. Fowler, and Brandon M. Krajewski

The Wisconsin Supreme Court recently held that continued employment constitutes lawful consideration to support a non-compete agreement signed by an existing at-will employee. Runzheimer Int’l, Ltd. v. Friedlen, 2015 WI 45, 362 Wis. 2d 100, 862 N.W.2d 879 (Apr. 30, 2015). Settling an issue raised but not decided in the court’s prior decision in Star Direct, Inc. v. Dal Pra, 2009 WI 76, 319 Wis. 2d 274, 767 N.W.2d 898 (2009), the Runzheimer decision makes Wisconsin the thirtieth state to conclude that continued employment does constitute consideration.

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