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Showing 2 posts in Creech v. Brown.
Kentucky Supreme Court Decision Drastically Impacts All Non-Compete Agreements
Posted In Creech v. Brown, Employee Benefits, Employee Contracts, Employee Handbook, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Non-Compete Agreement
Earlier this year, the Kentucky Supreme Court reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and held, in a landmark decision, that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-compete agreement. This reverses prior precedent that employer-employee agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this article focuses on the consideration requirement only, as the Kentucky Supreme Court chose not to address any other issues. More >
An Important New Decision Affects Non-Compete Agreements in Kentucky
Posted In Creech v. Brown, Employee Benefits, Employee Contracts, Employment Law, Hiring and Firing, Litigation, Non-Compete Agreement
The Kentucky Supreme Court recently reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and declared that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-competition agreement. In the course of reaching its decision, the Court clarified prior case law dealing with the issue of whether non-competition agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this post focuses on the consideration requirement only. More >
