Accordingly, the courts must assess the adequacy of the non-competition agreement taking into account the individual circumstances of the employer and the worker and balance the employer`s need for protection with the difficulties that result for the worker. As a general rule, if your employer is not willing to hire you, the courts will not apply a non-compete agreement. This is the law of the almost black letter in New York, so if you were fired for no reason, your non-compete agreement is unenforceable. First, a small background on competition bans in New York. However, over the past decade, companies have begun to ask Rank and File employees to sign non-compete contracts. Employers should think about how best to develop non-competition agreements. Under New York law, non-competition prohibitions must be proportionate over time and geographically and must not be excessively heavy on the worker or cause public damage. They must also be necessary to protect an employer`s legitimate business interests. If the competition bans do not reflect the four factors, they may be deemed unenforceable. A review of advice is often the first step.
In many cases, we continue to represent leaders in negotiations or disputes. Since 1999, we have been assisting leaders on non-competitive issues. Courts will only enforce New York`s non-compete obligations in certain circumstances if they actually harm their legitimate business interests, such as the disclosure of trade secrets. However, companies regularly strive to get employees to comply with unenforceable non-competition rules. It became so serious that the Attorney General of New York, after several companies, such as Law360, came to abuse New York`s non-compete agreements. A non-compete agreement is a clause that is generally included in an employment or separation agreement that prohibits a person from working for a specific competitor of his or her employer for a specified period of time. On the other hand, the employer can take legal action to obtain what is called a “declaration of omission” to prevent you from violating your agreement. Since a violation of a no-competition agreement can cause direct harm to the employer, the Tribunal will often apply expedited procedures in these cases. At Reading – Language Learning Center v.
Sturgill (2016), a speech therapist, was banned from working with “any current client” for two years. The non-competition agreement “has not limited or defined the capacity in which the contract is prohibited to the worker.” The Tribunal found that this agreement was broad enough to exclude the speech therapist from any function, which was too broad. Under this non-competition agreement, the speech therapist would not be able to work as a janitor for a competitor and the court refused to impose it. No no. However, non-agreement, which is not in competition, can cost you your potential job (or your current job) if your current employer now wants you to sign an agreement that did not yet apply to your job). If the employer is not willing to waive the agreement or change the form or content to better suit you, you may not be hired or you will be fired if you are already employed.