Navigating the Unsettled Noncompete Landscape

It has been ten years since a Jimmy John’s employee leaked a copy of a noncompete agreement that the company required employees (including store-level employees such as sandwich makers and delivery drivers) to sign. The noncompete restricted employees from performing any services for a business which derived more than 10% of its revenue from selling “submarine, hero-type, deli-style, pita and/or wrapped or rolled sandwiches” and which was located within three miles of any Jimmy John’s Sandwich Shop (one variation had a two-mile limitation).