New York Non-Compete Clauses Attorney
Non-competes or non-competition clauses restrict an employee’s ability to work either in a certain industry or for certain companies or in a specified geographic area for a stated period of time.
Non-competes are not always enforceable as some provisions which are often found in employment contracts are usually to protect a company’s business. However, they can impose a hardship on an employee who needs to find a job. Moreover, when a former employer seeks to enforce a non-compete, they often sue not only the employee but also the new employer. As such, prospective employers will be reluctant to hire employees who have signed non-competes.
In deciding whether to enforce a non-compete, a Judge will consider how broadly the non-compete is drafted. What is being weighed is the worker’s right to earn a living and support his/her family against the company’s right to protect its business. A court will consider the non-competes geographic scope, that is how much of an area is the worker precluded from working in. Is it a ten(10) mile radius from his last job or is it the entire United States or the world? A court will also consider the temporal scope of the non-compete. Is the worker barred from working for three(3) months or three(3) years? A court will also consider how broad an industry the worker is prevented from working in during the restricted non-compete time period. Is the worker barred from selling cashmere gloves or clothing in general?
The Law Offices of Louis Ginsberg, P.C. have substantial experience in negotiating and drafting non-competes and in litigating them. We have succeeded in getting non-competes either entirely struck down or greatly reduced.
Call today to discuss your case with a New York Non-compete Clause Attorney at 1-800-LOST-JOB (1-800-567-8562) or 1-877-4WAGESLAW (1-877-492-4375) .
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