Legal Question in Civil Litigation in New Mexico
Non Compete Agreements
I had to sign a non compete agreement to become employed with my current company. I have been a web developer/ programmer for almost ten years and this is the first time I had to sign such agreement. I have been with this company for 3 months now but since I am not happy with this company I began my job search. This company does not produce a product or service. They are just resellers of Office equipment. However, on the agreement, they stated that I could not work for an internet retailer. Now days, most companies retail their services and products online. Can this type of agreement prevent me from finding a job within the city, state or nationally? Thank you....
1 Answer from Attorneys
Re: Non Compete Agreements
Non competition agreements are legal in NM and are routinely enforced by the courts if they are reasonable as to (1) time, and (2) geographical scope. NM courts have held that 3 years is reasonable, and within the entire state is also reasonable if the business operates state-wide.
If the employer does business from NM on the net, then presumably the non competition agreement would prevent a former employee from selling competing products on the net from within NM.
The employer is entitled to both damages and an injunction to prevent further violations when the non competition agreement is breached.
For you to have a precise answer to your question a competent lawyer would be required to review the agreement you signed and determine whether or not it complies with NM law.
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