It is generally unlawful in California for an employer's severance agreement to state that you may not compete against the employer in a future job.
Provide written request: Send a written request via email or letter to your former employer asking for a copy of the non-compete agreement. By doing this, you will have a record of your request and may be able to use it as evidence if necessary.
To determine if you've signed a non-compete agreement, begin by reviewing the documents you received when starting your job, such as your employment contract, offer letter, or any separate agreements. Non-compete clauses may also be included within employee handbooks or confidentiality agreements.
Provide written request: Send a written request via email or letter to your former employer asking for a copy of the non-compete agreement. By doing this, you will have a record of your request and may be able to use it as evidence if necessary.
For a non-compete agreement to be enforceable, New Jersey courts require that the non-compete agreement (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.
Add information about the parties involved. Describe the terms of the Non-Compete Agreement, such as the length and area of the restriction. If necessary, you can include a non-solicitation clause. Add a confidentiality clause.
Non-competes are generally binding. So they are enforceable when an employee leaves the company. It doesn't matter if you're fired or resign. Valid agreements must be reasonable in scope.
Non-compete agreements are illegal in California, but some companies still include them in severance packages. If you see one, ask for it to be removed.