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 for a period 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 or even impossible for you to earn a living.
If you have been sued or have been 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 one, The Nirenberg Law Firm can help. Contact us online or call (201) 487-2700 to schedule your initial consultation.
Our law firm is a leader in employment law in New York and New Jersey. Through our work on numerous 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 agreement asks you to sign away important rights and to limit your future career options. Before you sign an employment contract, employee handbook, severance agreement or other 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 unreasonably 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 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 have already signed an agreement not to compete with a particular company and want to understand your obligations under it, our employment lawyers are prepared to help you. Or, if you already have been sued 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 either contact us online, or call us in New Jersey at (201) 487-2700, or in New York at (212) 398-7100.
- United States Supreme Court Rules Arbitrator Must Decide Whether Non-Compete Agreement is Enforceable Last week, the United States Supreme Court overturned a state court's ruling that a non-compete agreement is invalid because it violates state law. ....
- When Is a Non-Compete Agreement Enforceable in New Jersey? In a sluggish economy employers tend to use non-compete agreements more frequently to protect their interests. At the same time employees struggling ....
- Is Your Non-compete Agreement Enforceable in New York? Under New York law, non-compete agreements and other restrictive covenants in employment contracts are disfavored, and are enforceable only in limited ....