Legal Question in Employment Law in New Jersey

Employment Breach

Hi

I need legal advice on my employment contract, i work for a company A(consulting firm) and currently my project is with company C client of MiddleMan(company B) of company A.And now company C has offered me a fulltime position and i am planning on taking it based on the package they are providing.But i have signed a non compete contract with company A whcih states that ''This placement was the result of Company A expenditure of additional resources to locate a suitable position for you.Accordingly as a consideration for company A's efforts you agree for a peroid of one year from the date your employment is terminated to refrain and soliciting or accepting work , either as an employee or independent contractor or directly or indirectly throut another agency or company from the following entities:

company B and company C''

These are the exact words described in the conrtract but i feel this is so unfair and limit my ability to make a living for over a peroid of one year.In addition to this there is another clause in contract which states that i have to work for them for atleast a peroid of 52 week and i have sucessfully worked with them for over 70 weeks as of now. Plz let me know if i can compete this.


Asked on 8/11/07, 10:48 am

2 Answers from Attorneys
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: Employment Breach

I would never recommend trying to tackle a non-compete agreement situation without an attorney. There are way too many issues involved for a lay person to try to do it themselves. Its sort of like trying to pull out a tooth rather than going to a dentist. I encourage you to contact me directly at [email protected] or go to another employment attorney. However, if you are determined on doing this on your own, then check out this website: http://library.findlaw.com/employment-law/non-compete-agreements/index.html

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Answered on 8/11/07, 11:10 am
John Corbett Corbett Law Firm LLC

Re: Employment Breach

You should not change jobs without consulting a lawyer who can look over the documents that you have and who will take time to understand your situation. New Jersey courts will enforce non-compete agreements if they are not unduly restrictive on the employee and if other grounds are met. It is a particular problem when you seek employment that is specifically restricted by the agreement. Let a lawyer look it over and advise you.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/11/07, 6:53 pm


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