Legal Question in Business Law in New York

Re: Non-competition agreement

As a general matter, non-competition agreements are frowned upon by the courts and will only be enforced to the extent they are reasonable. Reasonableness will be measured by the circumstances and context in which enforcement is sought (i.e., duration, geographic scope, uniqueness of the employee's services, scope of the restriction, etc.) A careful review of your contract is imperative. You should consult with an attorney.

Re: Non-competition agreement

To answer your questions with any degree of certainty the contract needs to be carefully reviewed, but it would seem that failure tohold up their end (i.e. salary) would be a material breach of the contract, and could be understood to free you from any further obligations.

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Re: Non-competition agreement

Although the courts do not favor such agreements, they do enforce them. Much depends upon the obligations placed in the contract upon the other party. It may be necessary for you to declare a breach of the contract in exactly the method prescribed by the contract. This, of course, is one of the reasons to have a contract reviewed before you sign it - making sure that you can escape the terms of the contract if the other side does not perform. A review of your contract will be necessary to properly answer your question. We are available for such a review. You may also wish to visit our web site and read about "business contracts" on the right hand side listing.