Non-Compete & Non-Solicitation Agreements in Tennessee

Nashville Non-Compete Litigation Lawyers

Non-compete and non-solicitation agreements can have a major impact on your career, your business, and your ability to earn a living. Tennessee courts must carefully balance two competing rights: the right of individuals to work and support themselves, and the right of businesses to protect their legitimate interests. Whether you are an employer preparing to hire, an employer seeking to enforce an agreement, or an employee trying to understand your rights before signing—or before changing jobs—these matters require fast, informed legal guidance.

Freeman & Fuson represents employers and employees across Middle Tennessee in all aspects of non-compete, non-solicitation, and trade secret disputes. We advise clients on enforceability, negotiate resolutions, and litigate aggressively when necessary to protect your interests.

Practice Areas 

Understanding Non-Compete & Non-Solicitation Agreements in Tennessee

Non-compete and non-solicitation agreements are governed primarily by Tennessee common law, along with related statutes such as the Tennessee Uniform Trade Secrets Act (UTSA), T.C.A. § 47-25-1701 et seq.

Tennessee courts evaluate these agreements by examining:

• Whether the employer has a legitimate business interest (confidential information, customer relationships, specialized training, trade secrets)
• Whether the restrictions are reasonable in time and geographic scope
• Whether enforcement is necessary to protect the employer—not simply to prevent competition
• Whether the agreement allows the employee to earn a living
• The circumstances under which the agreement was signed

Because the analysis is fact-specific, enforceability varies widely from case to case.

Who We Help

Freeman & Fuson assists both sides of non-compete and non-solicitation disputes:

Employers Seeking to Hire

Businesses often want to hire talent who may be bound by existing restrictive covenants. We help employers:

• Evaluate enforceability of the candidate’s non-compete
• Avoid liability for “tortious interference” claims
• Structure the hiring process to minimize legal exposure

Employers Seeking to Enforce

When a former employee begins competing or soliciting customers, we help employers:

• Enforce non-compete and non-solicitation agreements
• Pursue injunctive relief
• Protect confidential information and trade secrets
• Litigate claims under the Tennessee UTSA
• Recover damages when appropriate

Employees Offered a Non-Compete

Employees often feel pressured to sign restrictive agreements as a condition of employment. We assist employees by:

• Reviewing proposed agreements
• Explaining enforceability under Tennessee law
• Negotiating modifications or exceptions
• Protecting long-term career considerations

Employees Changing Jobs

Employees seeking new opportunities may be unsure whether their existing agreements prevent them from moving forward. We help employees determine:

• Whether their non-compete is enforceable
• Whether the employer has a legitimate protectable interest
• Whether they can lawfully accept new employment
• How to transition without triggering litigation
  

Temporary Restraining Orders & Injunctions: The Real Battleground

In many non-compete disputes, the most critical moments happen quickly—often within days.

Employers frequently seek:

• Temporary Restraining Orders (TROs)
• Preliminary Injunctions

These court orders can immediately restrict an employee from:

• Working for a competitor
• Contacting former customers
• Using or disclosing confidential information
• Continuing employment in a new position

TRO hearings move fast, and failing to act immediately can result in severe career consequences. We respond quickly to protect your rights—whether you’re enforcing an agreement or defending against one.

Why Immediate Legal Help Matters

Non-compete and non-solicitation cases move fast. Early mistakes—such as contacting certain customers, copying data, or waiting too long to respond to a threat letter—can determine the entire outcome.

Hiring an attorney immediately allows us to:

• Secure documents and communications
• Evaluate the agreement’s enforceability
• Advise on next steps before any violation occurs
• Prepare for potential TRO or injunction hearings
• Negotiate a resolution that avoids litigation

Whether you’re an employer or employee, early action is critical.