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Non-Compete Agreements

New Jersey Non-Compete Lawyers

Non-Compete AgreementsNon-competition agreements are contracts in which employees agree not to work for a competitor for a particular number of months or years after leaving their current job.

In both New York and New Jersey, non-compete agreements are supposed to protect the employer's trade secrets and confidential information, and to give the company time to recruit and train a replacement. But in practice they also limit the employee's ability to find another job, negotiate a raise with their current employer, or earn a living.

Understand Your Non-Compete Agreement Before You Sign It

Any agreement that contains a non-competition or non-solicitation clause requires you to give up important rights and limits your future career options. Before you sign an employment contract, employee handbook, severance agreement or another document that includes a restrictive covenant, you should make sure you fully understand how it might impact you now and in the future.

Reviewing and Negotiating New Jersey Non-Compete Agreements

Since employer usually draft non-compete agreements, they typically are extremely broad and unfair to the employee. 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 overly broad way, or cover too wide a geographic area.

While a court eventually could rule that your entire non-compete agreement is unenforceable because it contains one or more unreasonable provisions, more often a judge will reduce or modify the restrictions to make them reasonable. In the meantime, potential employers are much less likely to offer you a job.

As a result, it is extremely important to speak to an experienced New Jersey non-competition attorney before you sign a non-compete agreement or another restrictive covenant. Our lawyers can advise you about the risks of signing the agreement and help you negotiate more reasonable terms.

Avoiding and Defending Non-Compete Lawsuits

New York and New Jersey courts generally disfavor overly broad and unreasonable non-compete agreements. In fact, in New York they can be unenforceable if you are fired or otherwise involuntarily lose your job, 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 an experienced employment lawyer you may be able to successfully defend against a non-compete lawsuit, or to negotiate a resolution with your former employer that allows you to work for one of its competitors.

Contact an Experienced Employer Lawyer

Our law firm is a leader in employment law. Through our work on numerous significant and precedent-setting cases, we have changed the law and improved conditions for employees throughout New Jersey.

If you have been sued or threatened with a lawsuit relating to a non-compete agreement, want to know whether your contract prevents you from accepting a job offer, or are considering signing an employment contract or severance agreement that contains a non-compete clause, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help.

To schedule an appointment with one of our New Jersey non-compete lawyers, please contact us online or call us in New Jersey at (973) 744-4000.

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"I worked with Jonathan Nirenberg, ESQ on a sensitive emotional employment matter. Mr. Nirenberg was quick to respond, offered excellent advice, and always followed up with phone calls or emails when needed. My situation was settled out of court within a short period of time with the best possible results for not just me but also for the employer. Highly recommend and would seek his help again if needed..." Linda Busch, PhD
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"We've had the pleasure of working with Jonathan on multiple individual and class employment cases. Jonathan is a skilled, dedicated and caring attorney that works diligently to bring justice for his clients. We would recommend Jonathan as a legal resource for any employment cases." Stephan Zouras, LLP
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"I felt alone and without a voice, until I hired Jonathan I. Nirenberg of Rabner Baumgart Ben-Asher & Nirenberg, P.C. Mr. Nirenberg represented me in an employment matter. Without his help, I know that I would not have had the extremely successful outcome I had. Jonathan was not only professional, but very empathetic to what happened to me. Jonathan gave me support, and options in relation to a challenging employer/employment situation which was an extremely difficult time in my life..." Shelly Smith