Legal Question in Employment Law in New Jersey

Is it legal for an employer to enforce a contract on selective employees which prohibits them from working anywhere in within 10 miles of them after leaving or being terminated? I was told that she told other stylist to tell me that they too signed the contract eventhough she didnt request they sign it. I was just fired for hear say that i was opening my own salon and she fired me on the spot. I was offered a job at a salon thats about three miles from her and I want to know if she really can enforce the contract.


Asked on 4/17/11, 6:30 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

A non-competition term in an employment contract is enforceable if the restrictions are reasonable. What that means depends on the circumstance and the particular contract.

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

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Answered on 4/17/11, 9:40 pm
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. As noted in the earlier answer, non-compete agreements are enforceable if they are, "in the eyes of the law," reasonable. There is an article I authored about this topic on my website. Please fee free to visit my website and contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

With best wishes,

Barry F. Gartenberg, Esq.

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Answered on 4/18/11, 5:37 am


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