Connecticut Restrictive Covenants & Contract Standards
Connecticut courts evaluate non-compete and non-solicitation covenants under a common-law five-factor reasonableness test: the employer's protectable business interest, the temporal duration, the geographic scope, the degree of restriction on the worker's ability to pursue a livelihood, and the public interest. Unlike jurisdictions that freely "blue pencil" or reform overbroad restraints, Connecticut trial courts may declare an unreasonable covenant entirely unenforceable.
Specific professions face strict statutory prohibitions: physician non-competes are capped at one year and 15 miles under CGS § 20-14p1 and are void if employment terminates without cause, while broadcast industry non-competes are banned outright under CGS § 31-50b2. In separation agreements, the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f), mandates strict statutory formalities to release ADEA age discrimination claims: 21 days for individual consideration (45 days in group terminations), a 7-day post-execution revocation period, and clear written advice to consult an attorney.
OWBPA Statutory Mandates: Age Discrimination Waivers
Releases of federal age discrimination claims under 29 U.S.C. § 626(f) require strict compliance: 21 days of consideration (45 days for group terminations), a 7-day revocation window, explicit counsel admonitions, and valid consideration. Non-compliant releases fail to bar subsequent ADEA claims.
For Employers
I draft and structure executive contracts, offer letters, restrictive covenant agreements, and separation releases. Drafting focuses on legal enforceability: tailoring non-compete geography and duration to protect legitimate trade secrets or customer goodwill, aligning bonus and commission terms with Connecticut wage payment rules under CGS § 31-71b, and drafting releases that satisfy OWBPA and Title VII standards.
I also advise on mandatory arbitration clauses, ensuring compliance with federal limitations under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Pub. L. 117-90).
For Employees
I advise executives, professionals, and employees before signing employment contracts, non-competes, or severance agreements. My review identifies whether restrictive covenants are vulnerable under Connecticut's five-factor test or choice-of-law principles, whether bonus or commission language unlawfully forfeits earned compensation upon separation, and whether offered severance adequately compensates for waived claims.
For workers who have already signed separation documents, I evaluate whether release agreements contain fatal OWBPA defects, lack consideration, or were executed under duress.