Your workplace may no longer have a single office. You could work from home, meet clients online or collaborate with coworkers in different states. As remote and hybrid work become more common, older non-compete agreements may not fit the way many employees work today.
The purpose of a non-compete agreement has not changed. But as work and workplace changes, agreements created for a traditional office may not always fit today’s workplace.
How remote work affects non-competes
Working remotely does not automatically require a different non-compete agreement. Still, remote work can raise questions about whether existing terms still fit. Common areas for review include:
- Work location: Limits based on a single office location may no longer reflect where employees perform their jobs.
- Confidential information: Remote access to company systems may require clearer definitions of the information a business wants to protect.
- Customer relationships: Virtual meetings and online communication may extend customer relationships beyond one geographic area.
- Job duties: Changes in job duties may affect whether the agreement still fits the position.
- Workplace structure: Remote and hybrid work may lead employers to revisit agreements created for a traditional office.
Together, these factors can affect whether an agreement still fits the job and the employer’s business interests.
Why older agreements deserve another look
Employers often created non-compete agreements for employees who worked from one office and served customers in a defined area. Today, remote employees may work from another city or state, collaborate online and build customer relationships through virtual meetings. Those differences can leave an agreement out of step with an employee’s current responsibilities.
Whether an agreement still fits depends on its terms and the employment relationship. As workplaces continue to evolve, employers may update agreements to reflect current business practices. Employees may also encounter agreements created for a different work environment.
Keeping non-compete agreements current
Remote work has changed the workplace, but employers still need agreements that fit today’s jobs. An agreement that accurately describes the role and the employer’s business interests is more likely to address questions before they become disputes.
As remote and hybrid work continue to evolve, employers and employees alike may find that older agreements no longer fit today’s workplace. Reviewing an agreement for a remote role can help employers and employees understand how its terms may apply as work continues to change.