Understand Your Non-Competition Agreement Before You Sign It
A non-compete agreement is a type of employment contract in which an employee agrees he will not work for a competitor of his current employer for a particular period of time after he leaves his current job. They are supposed to protect employers while they recruit, train and develop a replacement for a former employee. In practice, they often limit your ability to find another job and can make it difficult for you to earn a living.
If you have been sued or threatened with a lawsuit relating to a non-compete agreement, if you want to know whether your contract prevents you from accepting a job offer, or if you are considering signing an employment contract or severance agreement that contains a non-compete clause, Rabner Allcorn Baumgart & Ben-Asher can help. You can contact us online or call us at (973) 744-4000 if you would like to schedule an initial consultation.
Our law firm is a leader in employment law in New York and New Jersey. Through our work on numerous significant and precedent-setting cases, we have changed the law and improved conditions for employees throughout New Jersey.
Negotiating and Reviewing Non-Compete Agreements
Any contract containing a non-competition provision, non-solicitation clause or another restrictive covenant requires you to give up important rights and to limit your future career options. Before you sign an employment contract, employee handbook, severance agreement or another document that includes any form of restrictive covenant, you should make sure you fully understand how it might impact you, both in the present and in the future.
Overbroad and Unfair Restrictions
Non-compete agreements are often overly broad and unfair. For example, they might prohibit you from working in your field or line of work for an unfairly long period of time, define “competition” in an unreasonably broad way, or cover too wide a geographic area. While this could result in a court ruling that the entire provision is unenforceable, more often a judge will modify the restrictions to make them reasonable. We can advise you of the risks of signing a restrictive covenant and help you negotiate more reasonable terms.
Avoiding and Defending Non-Compete Agreement Lawsuits
New York and New Jersey courts generally disfavor overly broad and unreasonable non-compete agreements. In fact, in New York State they can be unenforceable if you lose your job through no fault of your own, such as if you were laid off as part of a reduction in force. Whether you are an executive, a salesperson, or work in another field, with a good employment lawyer it is possible to successfully defend or negotiate many non-competition agreement cases.
Contact an Experienced Employer Lawyer
If you are deciding whether to sign an agreement not to compete or if already have signed one and want to understand your obligations under it, our employment lawyers are prepared to help you. Likewise, if you already have been sued or threatened with a lawsuit for supposedly violating your agreement, we are experienced at defending individuals in non-competition lawsuits.
To schedule an appointment with one of our employment law attorneys, please feel free to either contact us online or call us in New Jersey at (973) 744-4000.