Using the Resource-Based Theory to Determine Covenant Not to Compete Legitimacy
dc.contributor.author | Bishara, Norman D. | |
dc.contributor | Orozco, David | |
dc.date.accessioned | 2011-08-01T18:44:00Z | |
dc.date.available | 2011-08-01T18:44:00Z | |
dc.date.issued | 2012-05 | |
dc.identifier | 1157 | en_US |
dc.identifier.uri | https://hdl.handle.net/2027.42/85367 | |
dc.description.abstract | This paper addresses the legitimacy of competing interests involved in the enforcement of covenants not to compete (“noncompetes”). To date, the courts and legislatures have not relied on a principled theoretical framework to identify and assess the competing interests between firms and individuals in this setting. This paper fills the research void by providing a theoretical framework that identifies the legitimacy of these competing claims. The framework integrates managerial research involving the resource-based theory of the firm and the knowledge-based perspective of competitive advantage with the legal analysis and enforcement of noncompete terms. A descriptive framework of the parties’ competing interests provides four discrete scenarios, which formalizes the types of legitimate interests a court must balance when asked to enforce noncompetes. From this descriptive account, a prescriptive analysis is advocated that uses an ownership approach to assess the legitimacy of an employer’s claim to knowledge covered by a noncompete. | en_US |
dc.subject | covenant not to compete | en_US |
dc.subject | resource-based theory | en_US |
dc.subject | noncompete | en_US |
dc.subject | resource-based view | en_US |
dc.subject | restrictive covenants | en_US |
dc.subject | human capital law and policy | en_US |
dc.subject | employment law | en_US |
dc.subject | employment contracts | en_US |
dc.subject.classification | Law, History, Communication | en_US |
dc.title | Using the Resource-Based Theory to Determine Covenant Not to Compete Legitimacy | en_US |
dc.type | Working Paper | en_US |
dc.subject.hlbsecondlevel | Economics | en_US |
dc.subject.hlbtoplevel | Business | en_US |
dc.contributor.affiliationum | Ross School of Business | en_US |
dc.contributor.affiliationother | Florida State University - College of Business | en_US |
dc.contributor.affiliationumcampus | Ann Arbor | |
dc.description.bitstreamurl | http://deepblue.lib.umich.edu/bitstream/2027.42/85367/1/1157_Bishara.pdf | |
dc.description.bitstreamurl | http://deepblue.lib.umich.edu/bitstream/2027.42/85367/4/1157_Bishara_Apr12.pdf | |
dc.owningcollname | Business, Stephen M. Ross School of - Working Papers Series |
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