Plaintiff brings an action for a declaratory judgment arguing that he/she has fulfilled certain contractual duties and is now free from a non-competition restriction placed upon him/her in the contract.
New Jersey Complaint For Declaratory Judgment Of Validity of Separate Noncompetition Agreements
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How to fill out Complaint For Declaratory Judgment Of Validity Of Separate Noncompetition Agreements?
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FAQ
Therefore, if an employer had a noncompete agreement lasting 12 months (the maximum time allowed) after the termination of employment, that employer would have to continue paying the employee as if that employee still worked for the employer regardless of whether the employee started another job.
The Declaratory Judgments Act, N.J.S.A. 2A:16-51 et seq., authorizes courts to declare rights, status and other legal relations so as to afford litigants relief from uncertainty and insecurity.
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.
This is because New Jersey law maintains a strong public policy affording individuals the right to pursue one's profession and livelihood. A covenant not to compete after the termination of an individual's employment is subject to judicial disfavor as potential restraints on trade.
Non-compete clause is prohibited under the Law of Contracts. Section 27 of the Contract Act provides ? 'Every agreement by which anyone is restrained from exercising a lawful profession or trade or business of any kind, is to that extent void'.
Like other restrictive covenants, non-solicitation agreements are generally enforceable, but there are limitations.
In New Jersey, there is no state statute or regulation governing non- competes in employment generally. Non-compete agreements in the legal industry are governed by N.J. RPC 5.6.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.