(a) Extensive judicial reformation of a covenant not to compete or a covenant not
to solicit may be against the public policy of this State and a court may refrain
from wholly rewriting contracts.
(b) In some circumstances, a court may, in its discretion, choose to reform or sever
provisions of a covenant not to compete or a covenant not to solicit rather than hold
such covenant unenforceable. Factors which may be considered when deciding whether such reformation is appropriate
include the fairness of the restraints as originally written, whether the original
restriction reflects a good-faith effort to protect a legitimate business interest
of the employer, the extent of such reformation, and whether the parties included
a clause authorizing such modifications in their agreement.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.