Legal Question in Business Law in New Jersey

i have a non-solicitation agreement in nj. i signed it my employer did not is this legally binding?

it states 150 miles from the present place of business, but it doesn't state exactly where since my company is head office is in PA, have locations in MD,CT,VA.

finally i was forced to sign after working there 2+ years or would be fired, with no compensation offered to sign.

i want to know if this is a enforceable agreement


Asked on 4/04/10, 12:34 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

It is not clear. And you are right to wonder just what the 150 mile limit is. A lot depends on facts that you have not spelled out, what kind of industry, what you do, what kind of compensation you have, and what is being prohibited to you.

Call me and I will help you out. 201 820 3460

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Answered on 4/09/10, 1:00 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

In New Jersey, covenants against competition must meet 3 things:

1. the subject matter of the restrction must be reasonable;

2. the geographic limitations must be no more than necessary;

3. the employer must show potential loss.

In addition, since you were employed prior to being forced to sign the agreement, you may also argue coercion,

The best thing to do is not say anything and immediately get good counsel.

I hope this helps!

Ron Cappuccio

856 665-2121

www.BusinessEsq.com

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Answered on 4/09/10, 6:29 pm


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