Balancing of interests. In the individual assessment of the suitability and reasonability of introducing a non-competition clause in an employment agreement, the employer’s interest of retaining the trade secrets in the operations and that they are not being used outside of the operations shall be balanced against the employee’s interest of being able to freely use his or her knowledge and abilities and the inconvenience that a non-competition clause thereby entails. The balancing of interests shall take into consideration the business and industry of the employer and the employee’s work assignments and experience, area of responsibility, position, etc.
