Business

by Samantha Chan

Is Your Business Protected During a Divorce? Understanding Prenuptial Agreements and Operating Agreements in Maryland

Is a Business Considered to be Marital Property in Maryland?

Maryland Code, Family Law § 8-201(e) generally defines “Marital property” as the property, however titled, acquired by one or both parties during the marriage, unless the property was acquired before the marriage, acquired by inheritance or gift from a third party, excluded by valid agreement, or directly traceable to any of these sources.

Consider a spouse who starts a company during marriage. That spouse is the sole member of the company, and the other spouse has never worked for or otherwise participated in the business. Even though the company is entirely owned by one spouse, the ownership interest may still be considered marital property because it was acquired during the marriage.

But what if the company was established before marriage? Although the original ownership interest may be considered nonmarital property, the analysis does not necessarily end there. Questions may arise concerning increases in the business’s value during the marriage, particularly where marital funds or efforts contributed to that growth. Depending on the circumstances, some portion of that increased value may be considered marital property, even though the business itself was established before marriage.

How Can a Prenuptial Agreement Protect Your Business?

A prenuptial agreement allows prospective spouses to establish certain financial rights and obligations before marriage, including how specified property will be treated if they later divorce.

For business owners, a properly drafted prenuptial agreement may address:

• Whether an existing business remains separate property;
• Whether increases in the business’s value during marriage remain separate;
• How future businesses or ownership interests will be classified;
• Whether business distributions, profits, or proceeds from a sale will be considered marital or separate property; and
• How marital contributions to the business will be treated.

By addressing these issues in advance, a prenuptial agreement can reduce uncertainty and potential disputes concerning business ownership and valuation if the marriage ends.

What About Your LLC’s Operating Agreement?

An LLC operating agreement generally governs the company’s internal affairs, including its management, ownership rights, distributions, and transfers of membership interests. Under Maryland Code, Corporations and Associations § 4A-402, operating agreements may establish rules concerning the management of an LLC, sharing of earnings, assignment of membership interests, and admission of new members.

An operating agreement may also contain provisions addressing what happens if a member gets divorced. For example, an operating agreement might restrict transfers of membership interests, require approval before admitting a new member, or establish buyout procedures following specified events. These provisions can help protect the company and its other members from unwanted changes in ownership or management. However, an operating agreement is not necessarily a substitute for a prenuptial agreement.

Why Both Agreements May Be Important

An operating agreement primarily governs the relationship among the LLC and its members, and may help protect the other LLC members from an unwanted transfer of membership rights. However, it may not prevent the divorcing member’s spouse from asserting that some or all of the value of the membership interest is marital property.

A prenuptial agreement serves a different purpose by establishing certain financial rights and obligations between spouses. An agreement specifically addressing the business interest may provide additional protection by establishing how the spouses intend that interest, including any appreciation in value, to be treated upon divorce.

Although these agreements serve different purposes, they can work together to protect both the business and the individuals involved.

Planning Before Problems Arise

Business owners often spend considerable time planning for business risks, including liability, succession, ownership disputes, and unexpected departures of members. Divorce is another potential event worth considering when establishing or reviewing those plans.

At Lewicky, O’Connor, Hunt & Meiser, LLC, attorney Samantha Y. Chan practices both business law and family law, providing clients with guidance on the intersection of business ownership, marriage, and divorce. Whether you are starting a business, preparing for marriage, or navigating a divorce, understanding how these areas of law overlap can help you protect your interests, anticipate potential disputes, and make informed decisions about your future.

by Steve Lewicky

Cooperatives in Maryland May Now be Structured as Limited Liability Companies

Cooperatives are organizations that are owned by the people who use the services of the organization, or provide the services necessary for the organization to function. Members of a cooperative are sometimes the workers within the organization, or producers (as in a food cooperative), or consumers of the goods or services produced by the organization. Common examples are credit unions, farm cooperatives, child care cooperatives, and rural electrification cooperatives. Principles that typically govern cooperatives are democratic governance (one member, one vote), decision-making by consensus, and a focus on member satisfaction – sometimes at the expense of higher profits.

Maryland’s New Limited Worker Cooperative Association Act

A group wishing to operate in Maryland now has the option of using the limited liability company business structure, thanks to passage of the Maryland Limited Worker Cooperative Association Act, which took effect October 1, 2026. A limited worker cooperative association (LWCA) is a Maryland limited liability company that elects this cooperative status in its articles of organization.

How an LLC Elects LWCA Status

An LLC can elect LWCA status by reciting the election in its articles of organization that are filed with the state. It may also elect to be a “collective worker cooperative,” which is a single-class entity made up of worker members who manage all the company’s affairs. An LWCA ordinarily needs at least three members to begin operations, but there is an exception if its sole member is itself an LWCA. Worker members are individual patron members whose patronage includes labor for the enterprise.

Governance and Operating Agreement Requirements

An LWCA must have an assembly of voting members and a board of at least three representatives to manage its affairs. There is an exception for collective worker cooperatives, which are not required to have a board. Within an LWCA’s operating agreement, there must be provisions addressing capital structure, membership classes and admission, voting, contributions, transfers, profit allocations and distributions, representative terms, and its intended federal and State income-tax election and implications for worker members. The new Maryland law does not itself create a special state tax rate or guarantee tax savings. The Internal Revenue Service provides special rules for federal taxation of cooperatives under Subchapter T of the Internal Revenue Code. Unless the articles of organization provide otherwise, an LWCA’s debts and obligations are those of the association, not of a person merely because that person is a member.

Profit Allocations and Member Interests

An operating agreement for an LWCA can define member classes, including investors, and the allocation of profits and losses, but profits declared as patronage allocations and paid or credited to patron members must be divided according to their relative patronage for the period. The company’s governing documents must address recall and redemption of interests when membership ends. These tools are designed to support worker ownership and continuity without promising any particular financial return.

Is an LWCA Structure Right for Your Business?

An LWCA structure may suit a business whose owners want worker participation backed by statutory voting protections, the organizational flexibility of an LLC, and defined means of sharing patronage-based earnings. The value of the structure depends on carefully drafted articles and a cooperative agreement, as well as individualized tax, employment, insurance, and financing considerations.

by Samantha Chan

Understanding the “Fine Print” in Business Acquisition Contracts

Buying or selling a business involves much more than just agreeing to a purchase price. A purchase and sale agreement may be dozens of pages long, accompanied by schedules, exhibits, and other closing documents. Understandably, business owners often focus on the provisions that seem most important: What is being sold? How much is being paid? When is closing?

But some of the most consequential provisions may appear in the sections that look like legal “fine print.” These terms are not simply boilerplate. They allocate risk between the parties and can determine what happens if, after closing, one party discovers that the circumstances were not quite what was expected. Here are some examples:

Representations and Warranties.

Representations and warranties are statements made by one party to the other about particular facts or circumstances.

In a business acquisition, a seller may be asked to represent and warrant, for example, that it has authority to enter into the transaction, owns the assets it is selling, has disclosed pending litigation, is in compliance with certain laws, or has accurately identified its material contracts. A buyer may likewise be asked to represent and warrant that it has authority to enter into the transaction and has the ability to perform its obligations under the agreement.

Before signing, a party should understand not only whether a representation sounds generally accurate, but also exactly what facts the contract requires each party to stand behind.

Disclosures.

Disclosures identify facts, circumstances, obligations, or potential issues that the parties should know about before completing the transaction. What needs to be disclosed will depend on the business and the structure of the acquisition. Disclosures may relate to the business itself, its property or assets, or the individuals involved in the transaction. For example, they may identify existing leases, customer or vendor contracts, loans or other debts, liens, pending claims or litigation, employee obligations, licenses, intellectual property, or other commitments that could affect the business after closing.

Before signing, a party should understand what information is required to be disclosed, and whether the terms of the transaction have been negotiated in light of those disclosures.

Releases.

A release generally involves one party agreeing to relinquish certain claims or actions against the other. The scope can vary considerably.

Some releases are narrow and apply only to claims arising from a specific agreement or dispute. Others are drafted broadly to cover known and unknown claims arising before a particular date. A release may also identify additional persons or entities who receive its protection, such as affiliates, owners, officers, employees, agents, successors, or assigns.

Before signing, a party should understand who is being released, what claims are being released, what time period the release covers, and whether any claims or obligations should be expressly excluded.

Indemnification.

Indemnification provisions allow the parties to negotiate in advance who will bear those risks, and under what circumstances. These provisions may also limit losses, have thresholds, or lay out the procedure that needs to be followed if a claim arises. In a business acquisition, indemnification is particularly important because some problems may not become known until after the transaction has closed.

Before signing, a party should understand what claims or losses are covered under the contract, who will be responsible if a loss occurs, and what procedures, limitations, or remedies may apply to an indemnification claim.

The fine print is part of the deal.

While many business contracts contain provisions that may seem like “standard” contract language, that does not mean those terms are necessarily the best fit for you or your business. Just because a provision is common does not mean that it’s not negotiable.

The goal is not to eliminate or identify every possible risk in a contract—that is rarely possible. The goal is to identify the risks that matter, understand who is assuming them, and make deliberate decisions about how those risks should be handled.

Lewicky, O’Connor, Hunt & Meiser attorneys are experienced in helping buyers and sellers navigate business acquisitions, including drafting and reviewing purchase agreements and related schedules, negotiating the allocation of risk, and helping clients understand the terms and obligations they are actually agreeing to.

Before you sign, make sure you understand the fine print.

by David Hisle

New Maryland Family and Medical Leave Law Begins

New Maryland family and medical leave law begins with payroll contributions starting in 2027

Maryland employers and employees are preparing for one of the most significant changes to our state’s employment landscape in recent years: the Family and Medical Leave Insurance (FAMLI) program.

The FAMLI program was established under Maryland’s Time to Care Act, and is administered by the Maryland Department of Labor. Beginning January 1, 2028, eligible employees will generally be able to receive up to 12 weeks of paid leave per year, with benefits of up to $1,000 per week under the current program structure. The program is designed to provide workers with income while they take time away from work for qualifying family or medical circumstances.

FAMLI will provide eligible Maryland employees with paid, job-protected leave for qualifying family and medical reasons. This program is intended to help Maryland workers take necessary leave without having to choose between caring for themselves or a family member and receiving income.

Unlike the federal Family and Medical Leave Act (FMLA), which generally provides eligible employees with unpaid job-protected leave, FAMLI provides a partial wage replacement during qualifying leave. Although employees will not begin receiving FAMLI benefits until January 1, 2028, Maryland employers already have important responsibilities. Employer registration is underway, payroll contributions begin January 1, 2027, and employers will need to prepare their payroll, leave, employee-notice, and human-resources systems well before benefits become available.

Maryland employers with at least one employee working in Maryland must register with the FAMLI program – and there are no exceptions to the registration requirement based solely on the employer having only one employee. Maryland’s FAMLI program is broader than many small-business owners may realize.

 FAMLI eligibility is based in part on the amount of time an employee has worked in Maryland.

Under the current program, an employee generally becomes eligible after working at least 680 hours in a position localized in Maryland during the four calendar quarters reported before the employee files a claim or begins leave, whichever is earlier.  This is important because eligibility is not simply determined by whether someone has worked for an employer for a particular number of months. FAMLI generally provides up to 12 weeks of paid leave per year, subject to the statutory eligibility and benefit rules. The current maximum benefit is $1,000 per week.

 It is important to understand the differences between FAMLI and the federal Family and Medical Leave Act (FMLA) – FMLA generally provides eligible employees with unpaid, job-protected leave for certain family and medical reasons – while FAMLI, by contrast, provides a paid benefit.  The two programs can apply to the same absence.  When an employee’s leave qualifies under both FMLA and FAMLI, the leave generally runs concurrently, meaning that an employee ordinarily does not receive an entirely separate 12 weeks of FMLA leave plus another 12 weeks of FAMLI leave for the same qualifying event.  There can be circumstances in which FAMLI will apply, but FMLA will not apply.

by Elizabeth Bowery

Starting a New Business: What Is a Resident Agent and Do You Need One?

A resident agent serves as an entity’s point of contact for receiving service of process, including lawsuits, subpoenas, and notices. Upon receipt, the resident agent must promptly forward these legal documents to the business owner. Under Maryland law, service of process on a business’ resident agent generally constitutes effective service on the business itself. As a result, legal deadlines begin running when the resident agent is properly served, not when the business owner receives the paperwork.

To qualify as a resident agent in Maryland, an individual must reside in Maryland, or a business must be authorized to provide registered agent services. The resident agent’s name and address is a matter of public record maintained by the State Department of Assessments and Taxation (SDAT), and any changes must be updated with the agency promptly.

Whether your business needs a resident agent depends on its legal structure. Maryland generally requires limited liability companies (LLCs), corporations, and certain other statutory business entities to designate and maintain a resident agent. Sole proprietorships, by contrast, are generally not subject to this requirement because they lack a separate legal identity. For more details on each entity type and their requirements, see my previous article, “Starting a New Business: Deciding the Type of Business Entity to Establish.”

Consult a Business Lawyer About Your Business’ Compliance Requirements

Selecting and maintaining a resident agent is one of many legal requirements involved in forming and operating a Maryland business. As business lawyers, we assist business owners at every stage of ownership, offering guidance in selecting the best entity, meeting statutory requirements, and providing ongoing business counsel. We can help you navigate legal complexities so you can focus on growing your business.

by Samantha Chan

New Prince George’s County Business Fees

Prince George’s County recently enacted CB-017-2026, a law establishing new use and occupancy permit fees for certain categories of businesses. As this law moves into implementation, affected business owners should understand how it may impact their operations and planning.

What Is a Use and Occupancy Permit?

A use and occupancy (U&O) permit is issued by the County to confirm that a business location complies with zoning, safety, and code requirements and is authorized to operate.

Most businesses already need this permit, particularly when opening a new business, changing tenants or ownership, and/or changing the use of a property. CB-017-2026 builds on that existing framework by adding new fees for certain types of businesses.

What Does CB-017-2026 Do?

The law establishes specific use and occupancy permit fees for certain business categories, such as annual or renewal fees tied to those permits. According to the Act, the purpose of this bill and renewal fees is to establish a non-lapsing “Quality of Life Improvement Fund.”

In practice, the legislation imposes a $5,000 annual fee on certain businesses, including:

• Liquor stores
• Tobacco shops
• Firearms dealers
• Self-storage facilities

If your business falls within one of these categories, you will need to budget for this recurring fee, and your current use and occupancy permit may include additional requirements or renewal conditions

Practical Implications for Business Owners

1. Increased Operating Costs

A $5,000 annual fee is a meaningful expense, particularly for small or independently owned businesses. Owners should take time to evaluate how this added cost affects their margins, pricing structure, and overall sustainability. Factoring this fee into long-term business planning is now essential, especially for businesses operating in already competitive markets.

2. Compliance Matters More Than Ever

Because this fee is tied to a regulatory permit, compliance becomes even more important. Business owners should ensure that their use and occupancy permit remains current and accurately reflects how the business is operating. Any changes in ownership, structure, or use of the property should be properly documented and reported to the County to avoid complications or potential enforcement issues.

3. Impact on Buying or Selling a Business

This change also has implications for transactions. If you are purchasing a business or buying into an existing operation, it is important to confirm whether the business is subject to the new fee and whether its use and occupancy permit is in good standing. Any outstanding compliance issues should be identified early. What may have previously been a routine regulatory check is now a meaningful part of due diligence that can affect the overall value and viability of the business.

Final Thoughts

CB-017-2026 is now part of the regulatory landscape in Prince George’s County. For affected businesses, the focus should be on understanding the requirements, maintaining compliance, and planning for the added cost.

by Lisa White

A Maryland Employer’s Guide to Sick Leave Policies

Employers in Maryland must work within the confines of both state and federal laws when implementing sick and safe leave policies for their employees. The Maryland Healthy Working Families Act imposes specific requirements that employers must comply with regarding the accrual and usage of leave. Employers need a sick leave policy that meets the statutory requirements and meets the needs of their operations.

An employer’s legal obligation to provide sick leave to its employees depends on the number of employees at the company. If there are 15 or more employees, the employer must provide paid sick and safe leave. If 14 or fewer employees, the employer must at least provide unpaid sick and safe leave.

Certain categories of workers may be excluded from the requirement of providing leave. An employer should consult with an attorney to assess whether leave, and what type of leave, must be provided to its workers or employees.

How is Sick and Safe Leave Earned?

Employers have two choices in determining how their covered employees earn sick and safe leave. An employer may opt to allow employees to earn leave incrementally over time based on hours worked at a rate of one hour of leave for every 30 hours worked. Alternatively, an employer may choose to front-load the full amount of annual leave, which is 40 hours, at the beginning of the year. Employers may choose to require that employees wait up to 106 calendar days after beginning employment before using accrued leave.

In Maryland, unused leave must be carried over from year to year. Employees may carry over up to 40 hours of unused leave. Employers are allowed to limit the amount of leave any one employee accrues to 64 hours at any time.

For What Purposes Can an Employee Take Sick and Safe Leave?

Employees may use sick and safe leave for the following reasons:

• The employee’s own illness, injury, or medical condition
• Preventive care, such as doctor’s appointments
• Caring for a family member with a medical condition
• Medical or physiological care
• Leave to address situations involving domestic violence, sexual assault, or stalking

This list is not exhaustive. Employers should ensure that their company policies reflect all permissible uses for sick and safe leave allowed by law.

Maryland employers must comply with recordkeeping requirements and consider other federal laws that may apply to their business. Whether you are a business in need of establishing an appropriate sick and safe leave policy for your business or an employee with concerns about your company’s implementation of its sick and safe leave policy, Lewicky, O’Connor, Hunt & Meiser stands ready to assist you.

None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your situation. Please call us to schedule a consultation at (410) 489-1996.

by Elizabeth Bowery

A Consumer’s Right to Cancel Some Types of Contracts in Maryland

Maryland businesses that sell directly to consumers – particularly in homes or at temporary locations – need to be aware that certain transactions carry mandatory cancellation rights. It is important to follow these consumer protection requirements in written contracts and in company sales practices.

Federal Trade Commission Cooling-Off Rule

The Federal Trade Commission’s (FTC) Cooling-Off Rule applies to some consumer sales made outside of the seller’s regular place of business. The rule generally applies to consumer transactions of $25 or more that occur at a consumer’s home or a temporary location such as a hotel or convention booth. When the rule applies, the consumer has the right to cancel the transaction within three business days after signing the contract. To comply, a business must take specific steps to properly disclose the consumer’s right to cancel and incorporate that right into its contracts.

Maryland Cancellation Requirements

Maryland law provides additional consumer protections under the Maryland Consumer Protection Act and industry-specific statutes. Some industries are subject to heightened requirements, such as home improvement contracts and door-to-door sales. Other regulated industries include health club memberships, timeshare sales, and credit service organizations. Maryland laws and regulations governing these industries can impose detailed requirements for cancellation rights.

Common Compliance Issues

Businesses most often encounter problems when they use generic contract templates, fail to provide adequate notice, include cancellation provisions that are incomplete or inconsistent with the law, or overlook Maryland-specific requirements that operate alongside and in addition to federal rules. Failure to comply may render the contract unenforceable and may expose the business to regulatory enforcement. Federal and state regulators, including the FTC and the Maryland Attorney General, may investigate violations, impose penalties, and take legal action.

Consult a Business Lawyer

Consider consulting with a business attorney to ensure compliance with cancellation requirements. As business attorneys, we assist business owners at every stage of ownership, offering guidance in selecting the best entity, drafting customized governing documents, and providing ongoing business counsel.

by Samantha Chan

Management Agreements During Business Acquisitions

When a business is being acquired, there is often a time period between signing the deal and closing the transaction. During this interim period, buyers and sellers sometimes make arrangements for the buyer to gradually begin taking over some aspects of the day-to-day operations. This type of informal arrangement is especially common in the acquisition of a small business. This kind of information arrangement can easily result in liability issues and disputes between the parties, however, and often is a very bad idea.

Until an acquisition transaction closes, the anticipated seller still owns the business. The selling party remains legally responsible for operations, employees, contracts, and any potential liabilities – and this remains true even if the anticipated buyer has informally started to step into a management role. The desire for a smooth transition can sometimes be accommodated, while reducing the risks of an information arrangement, by putting in place a well-drafted Management Agreement that clearly defines each party’s rights and obligations.

The specific provisions to be included in your Management Agreement will vary depending on the nature of the business and the structure of the transaction – but here are some starting points to guide that discussion.

1. Decision-Making Control and Decision-Making

In small businesses, such as family-run restaurants, liquor stores, and medical practices, the line between ownership and operations is often blurred during this interim period.

A well-drafted Management Agreement should clearly define:

• Who is responsible for daily operations;
• What decisions the buyer can make independently; and
• What decisions still require seller approval.

Even if the buyer is stepping in to “run the business,” the seller will still want (and likely need) to retain final say on major issues until closing of the transaction is completed.

2. Seller Transition Role and Compensation

In many small business transactions, the seller is not just exiting the business, but may be actively training the buyer on the day-to-day operations.

A well-drafted Management Agreement should document:

• Whether and to what extent the seller will remain involved during the transition;
• The scope of training or consulting (e.g., vendor relationships, licensing, patient/customer management);
• Whether the seller will be compensated (salary, consulting fee, or management fee); and
• The expected time commitment.

Without clear terms, disputes often arise over whether the seller is “helping out” or is entitled to compensation for their continued involvement.

3. Revenue, Expenses, and Inventory

During the interim period, the buyer may spend significant time operating the business, and in some cases, may even improve business performance before closing.

The strong Management Agreement should address:

• Who is entitled to the business’s income during the interim period (typically the seller);
• Who is responsible for operating expenses;
• Who is responsible for purchasing and maintaining inventory; and
• How cash flow is to be handled.

These provisions should be explicit to avoid any dispute between the parties.

4. Duration and Termination

Not all transitions are the same. Some businesses require a longer ramp-up period, particularly where licensing, relationships, or specialized knowledge are involved. To manage expectations for both parties, the Management Agreement should consider:

• When the agreement begins (typically upon signing) and when it ends (typically at closing);

• Whether compensation terms should reflect any extended involvement; and
• What happens if the transaction does not close, including unwinding operational control and payment for services rendered.

Most parties enter into a business sale with good intentions – but during a pre-closing transition period, even well-intentioned arrangements can go sideways. The bottom line is that ownership has not yet transferred before closing, but day-to-day control has already begun to shift. A well-drafted Management Agreement helps bridge that gap. It protects both parties, ensures that everyone is aligned on roles and expectations, and helps the parties address potential issues before they arise, including what happens if the deal does not conclude as planned.

If you are in the process of acquiring or selling a business, the experienced business law attorneys at Lewicky, O’Connor, Hunt & Meiser are available to guide you through each step of the transaction—from initial structuring through closing and transition.

by Lisa White

Are Non-Compete Agreements Enforceable in Maryland?

People searching for a new job often discover that an offer of employment comes with a request – or requirement – to sign a non-compete agreement with the new employer.  Sometimes these agreements are signed without the job seeker giving full consideration to the implications of signing.

To be enforceable in Maryland, a non-compete agreement must be reasonable in scope, geography, and duration. The agreement must protect a legitimate business interest of the company, and cannot cause undue hardship on the employee’s right to earn a living. Maryland law prohibits non-compete agreements for employees earning less than 150% of the state minimum wage, or when the non-compete agreement would prevent the employee from entering into employment with a new employer or becoming self-employed in the same or similar business or trade as a matter of public policy. Currently, 150% of the state minimum wage is $22.50 per hour ($46,800.00 per year).

For certain health care providers (those providing direct patient care and earning less than $350,000.00 annually), a non-compete agreement may have a duration of no longer than one year from the last day of employment. Such non-compete agreements may not contain a geographical restriction of more than ten miles from the primary place of employment.

Maryland courts evaluate whether a non-compete agreement is reasonable in scope, geography, and duration, and also determine whether the agreement protects a legitimate business interest of the company, imposes undue hardship, and whether the agreement harms the public. A reasonable non-compete agreement must be narrowly tailored to protect the employer’s business interest. It cannot pose an undue hardship on the former employee. Geographically, the limitation must not be any wider than necessary for the protection of the employer’s business.

How Should Your Business Tailor Its Non-Compete in Maryland?

First, an employer must determine the scope of its business and what it seeks to protect with the non-compete agreement. Next, an employer must determine its geographical scope within which it conducts business. Contacting a business attorney can assist an employer with drafting an enforceable agreement that can be tailored to specific employees to meet the legal requirements for enforceability.

What Employees Should Do Before Signing or Violating a Non-Compete?

When an employee is presented with any type of non-compete, whether as part of an initial hiring or during the course of employment, the employee should not assume it is enforceable – but it might be. The employee should read the entire document and consult with an attorney to learn about the risks to the employee should the employee choose to sign the document. These agreements can contain penalties for violation of the non-compete, including an injunction and payment of attorney’s fees to the employer should a breach of the agreement occur.

Lewicky, O’Connor, Hunt & Meiser stands ready to review proposed non-compete agreements, whether you are a business or an employee seeking advice. None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as a basis for making decisions regarding your particular situation. Please call us to schedule a consultation at (410) 489-1996.