The Best NY Non-Compete Litigation Attorney I reached out to Jonathan based on an article he wrote on his website about non-compete agreements in New York. John provided the expert advice I needed to feel comfortable with a litigation involving my former company.
Jun 26, 2012 · NYC Non-Compete Agreements are enforceable under the law. Our NYC Non-Compete Agreement Lawyers can assist you in evaluating your non-compete either before or after you have signed the NY non-compete agreement. We prefer that you allow us to review it before it is signed so that we can help protect you in the event that your employment terminated.
If you have questions about whether or not you should sign a non-compete or whether an existing non-compete agreement is enforceable, you should consult a knowledgeable employment law attorney. At Lipsky Lowe LLP, our legal team is dedicated to protecting employees from overly broad and restrictive non-compete agreements.
Are non-competes legal? A non-compete is only allowed and enforceable to the extent it (1) is necessary to protect the employer's legitimate interests, (2) does not impose an undue hardship on the employee, (3) does not harm the public, and (4) is reasonable in time period and geographic scope.
How do I get around a non-compete agreement?Prove your employer is in breach of contract. ... Prove there is no legitimate interest to enforce the non-compete agreement. ... Prove the agreement is not for a reasonable amount of time. ... Prove that the confidential information you had access to isn't special.More items...
Non-Competition Agreements can help a business retain valuable employees, protect its confidential information and customers, and prevent unfair competition. They can also be utterly useless.
A non-compete agreement can limit your ability to move around in your industry. By signing one, you effectively agree that if you stop working for your employer, you will leave your industry and abandon your skills and experience for a period of time that typically ranges from six months to two years.Jul 20, 2020
It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
Before you sign or refuse to sign a contract containing a non-competition or non-solicitation provision, please call us at 1-415-551-0885 or submit our online contact form.
In most cases, non-compete agreements with a duration of six months or less are considered reasonable, whereas those lasting over two years are not. When enforcing a non-compete agreement, the court will also look at other factors, such as geographical restrictions and the specific business interests at hand.
If the court finds the non-compete too restricting, it won't hold up. Too broad or unnecessary: If the employer has created unnecessary restrictions on its employees, the court will not uphold the non-competition clauses.Sep 23, 2020
Most non-compete contracts prohibit competitive activity by the ex-employee within a certain number of miles of the employer's business. The typical language prohibits competitive activity within a 15 to 25 mile radius of the employer's business.
Currently, New York is the only state without a statute concerning trade secrets or non-compete agreements. The committee's report explored the history of and the national conversation surrounding non-compete agreements.Jun 2, 2021
No-Poach Ban A separate prospective New York bill would prohibit agreements between franchisors and franchisees that restrict them from hiring current or former employees of the franchisor or other franchisees or soliciting such employees for hire. Under this bill, any such agreements would be void.Apr 27, 2021
A non-compete clause, also known as a non-competition clause, is a section of an employment contract that prevents an employee from working for a competitor or starting a competing business. It applies during the employment relationship or for a certain period after the employer and employee part ways.Nov 15, 2021