Similarly, Wisconsin statutes section 103.465 declares such covenants void between employee and employer unless necessary to protect a lawful employer interest and reasonably limited in time and scope to protecting that interest. If a company creates an IT subsidiary and grants ownership interests to its IT personnel, it may be able to obtain enforceable covenants not to compete from the employees who receive such interests. Also, by giving IT personnel an ownership interest in an IT subsidiary, the parent company substantially improves its argument that the IT employee is executive or management personnel. With or without an IT subsidiary, a covenant not to compete is enforceable if it is narrowly tailored to protect trade secrets. Because IT personnel typically have access to a wide range of their employer's trade secrets, covenants from those employees not to compete after termination of employment have a good chance of being enforced.
Training is among the most important facets of a retention program for IT employees.
If these employees do not feel they are learning the most current and technologically advanced IT applications, they will go where they can receive such training. Companies should consider having employment agreements that require IT employees to reimburse the company for the cost of training if the employees leave within two years from the date of their hire. Any covenant not to compete must be in writing, and it must be reasonable in duration and geographic scope. Drafting such provisions requires a comprehensive understanding of the applicable law, and should not be done without the assistance of counsel.