Yet as the use of these agreements explodes, their enforceability under New York law remains largely uncertain.
Lawyers point to increased job mobility as the principal force driving the use of non-competes.
Indeed, according to the Saratoga Institute, a California-based human resources consulting group, today s employees are nearly 40 percent more likely to change jobs voluntarily than they were just five years ago. Easy to Steal The current ease with which employees can abscond with trade secrets is also prompting employers to require their employees to sign non-competes. And, as Mr. Carlinsky pointed out, companies on one side of a non-compete agreement may find themselves on the other side in short order, when recruiting new talent to replace those who have left. Mr. Golden surmised that the upsurge in cases may be due in part to companies suing to throw a wrench into the plans of the would-be new employer, who is often a competitor of the plaintiff. However, two recent decisions have given employers some hope.