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Under New Jersey law, non-compete agreements are only enforceable if they are reasonable with respect to the restrictions imposed on employees; however, what is deemed reasonable will vary depending upon each individual situation.
Notably, the bill limits the length of non-compete agreements to a one-year period and requires that geographic restrictions be reasonable and limited to the geographic areas in which the employee provided services or had a material presence or influence during the two years preceding the date of termination of
At least one New Jersey Court has suggested that a non-compete will be unenforceable if an employee loses their job as a result of the employer breaching an employment agreement or acts to the detriment of the public interest. A non-compete or other restrictive covenant can also not be injurious the public.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
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.
In New Jersey, there is no state statute or regulation governing non- competes in employment generally. practicing law after ending the relationship, except for agreements concerning retirement benefits.
Sometimes referred to as non-involvement clauses, non-compete clauses are valid and enforceable as long as there are reasonable limitations as to time, trade, and place.
Non-competition clause examples include: Example 1: Preventing former employees from using trade secrets. Example 2: Stopping contractors from competing with you. Example 3: Former partners limiting the geographical reach.
Here are some tips:What is a noncompete agreement?Keep the group small.Keep the restrictions reasonable and narrow.Provide consideration for the agreement.Get it in writing.Prepare multiple versions if necessary.Concede choice of law/forum.Provisions to include.