Legal Question in Employment Law in New York
Non Compete Agreements
Was working for copier company in RI,and offered job by other company in NY.Accepted job with company in NY and signed ''non compete'' agreement stating that I could not work in the industry for competitor for one year.Left company for original employer due to compensation issues non disclosed at hire, and am now back to original copier company located in NY state.Just recieved letter from corporate attorneys reminding me of agreement and stating thier right to an injunction against me to work in the industry.Can this be enforced ?
1 Answer from Attorneys
Re: Non Compete Agreements
Always a difficult topic. There are so many factors that will determine whether or not a court would enforce a non compete agreement. Perhaps the most important is the totality of the circumstances. If they really misled you into coming to another state and giving up your home and relocating, and the issues were of the essence of your employment contract, possibly the clause is unenforceable....but a one year non compete clause is not unreasonable, depending on the factors and circumstances, and the nature of the industry. I would need to know much more before hazarding a guess as to whet her or not their efforts to enforce it would fail.
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