In some circumstances, of course, it makes sense to define the terms very broadly. The providing of training or education to an employee can be a legitimate business interest, but the courts have held such training must go beyond what is usual, regular, common or customary in the industry. An injunction is the most effective remedy because it requires that a noncompetition agreement be followed. Obtaining an injunction almost always requires at least one court hearing, with testimony and other evidence. The statute requires that an employer post a bond in an appropriate amount before an injunction can be issued.
Money damages are available to an employer who proves that a valid covenant was violated.
Such damages are difficult to prove, however. The best evidence is the linking of lost, quantifiable business with a former employee's violation. Here, too, a court hearing is necessary. It is long-established in the law that a new employer who knowingly hires a former employee with knowledge of an applicable covenant may be charged with tortious interference with a contractual relationship . Proof of such conduct can result in injunctive relief and money damages for the former employer.