Legal Question in Business Law in New York

employment contract

I work in sales in the NY city area for a national company based in Michigan. I have received an employment offer from a competing company. When I went to work for my present employer, I signed a form which said that I could not take a job with a competing company doing business in the same locality for 1 year after leaving my present job. I have heard that a non-compete agreement is not enforceable in New York. Is it.


Asked on 5/24/03, 9:42 am

3 Answers from Attorneys

Gary Adelman Adelman Matz, P.C.

Re: employment contract

Mr Drucker is exactly correct!

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Answered on 5/24/03, 6:33 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: employment contract

You had beeter believe that it IS enforceable..althogu the terms, if too broad, may be subject to restriction.

Good Luck

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Answered on 5/24/03, 10:14 am
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: employment contract

As a general matter, non-compete agreements are enforceable in New York. The particular language of the agreement at issue (scope, geographic limitation, term, etc) will govern whether or not this agreement is enforceable against you and, if so, to what extent. You should consult with an attorney who can advise you on how to proceed, after reviewing the agreement and all relevant info.

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Answered on 5/24/03, 10:35 am


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