Employment Agreement With Non Compete Clause In Bronx
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Negotiating with your new employer If your old employer won't compromise, you could also ask your new employer if they can give you a different job until the restriction you agreed to runs out. This could be either a different kind of job or a different location - that way you won't be breaking the restriction.
Are non-compete clauses enforceable? Non-compete clauses are subject to legal scrutiny as they are unlawful unless the employer has a legitimate business interest to protect this is to ensure they are reasonable and not overly restrictive.
Can I Enforce a Non-Compete Clause? You may not be able to enforce your non-compete clause if it contains unreasonable terms. For example, if the length of time it is in place for is excessive. A court may also not enforce a non-compete clause if it is considered too broad or unnecessary for the business' interests.
Negotiating with your new employer If your old employer won't compromise, you could also ask your new employer if they can give you a different job until the restriction you agreed to runs out. This could be either a different kind of job or a different location - that way you won't be breaking the restriction.
Non-Competitive Activity at New Employer: One of the most straightforward ways to overcome a noncompete is by ensuring that your new role with a different employer is in a non-competitive capacity. If you're not engaging in activities that directly compete with your former employer's business, you may be in the clear.
Although New York State lawmakers passed a non-compete ban in 2023, Gov. Hochul vetoed the bill primarily because she wanted to see exceptions allowing non-competes in connection with the sale of a business and for high-income earners that have more negotiating power.
How do employers enforce non-competes? An employer can file a lawsuit and ask a court to enforce the non-compete and require the employee to follow its terms. Some employers may send a letter to the employee or to the employee's new employer threatening to file a lawsuit to discourage employees from taking a new job.
New York State uses this “Janitor Rule” to render broad non-competes as unenforceable, and thus void. Further, undefined geographic limits and overly long durations pose an “undue” hardship on the employee to find a new job after leaving the company.
“When employers agree not to compete over hiring, workers lose out on better jobs, wages, and benefits,” said Attorney General James. “No-poach agreements are illegal and unfairly limit employees' opportunities to grow their careers.
Most New York courts will not enforce a non-compete agreement if the restriction is for over a year. For example, courts will generally find this time frame too long if the agreement attempts to restrict an employee for two years or more.
