who is the best attorney who won noncompete in ny

What is the best employment law firm in New York?

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.

Can a company be sued for breach of a non-compete agreement?

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.

Are non-competes legally valid?

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.

Do non competes hold up in New York?

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?

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...

How serious are non-compete agreements?

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.

How long do non competes last in NY?

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

What makes a non-compete null and void?

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.

How do I decline a non-compete 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.

How long do most non-competes last?

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.

Will a non-compete hold up?

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

What is a reasonable distance in non-compete agreement?

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.

Is New York a non-compete State?

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

Is poaching employees illegal in NY?

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

How does a non-compete work?

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

Non-Compete Review & Consultation

• Non-compete agreements can ruin careers. Non-compete agreements are disfavored because they often impose needless harm. But, in some cases, they are enforced and these agreements still need to be taken seriously. We have litigated non-compete agreements in federal and state court. We have mediated, arbitrated, and negotiated hundreds of non-compete disputes. We ca…

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What Is A Non-Compete Agreement?

Non-Compete Representation