Employee Non-competes and Consideration: A Proposed Good Faith Standard for the 'Afterthought' Agreement"

The companies that employ these professionals have incentives to keep their top producers by creating compensation programs or providing “sales bonuses.” These companies also have incentives to deter their top producers from migrating to their competitors. While not exclusive to the sales industry, it is common for companies to feel the pressures of market competition and subsequently ask their employees to sign noncompete agreements—oftentimes long after the employees already have started working. 3