Employees Bound By Clickthrough Agreements–ADP v. Lynch

12 07 2016

An employer sued two departing employees for joining a competitor. The employer sought to enforce, among other things, a non-compete clause (the court calls it a restrictive covenant). The employer included the non-compete provision in stock option grant documentation presented to employees electronically, which isn’t surprising because employees will agree to just about anything to get their stock option grants. The employees defended the employer’s lawsuit on lack of jurisdiction. The employer pointed to a venue selection clause that was included in the grant documentation along with the non-compete.



Case citation: ADP, LLC v. Lynch, 2016 WL 3574328 (D. N.J. June 30, 2016)

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