Legal Question in Employment Law in New York

non-compete agreement in severance

I was recently laid off from my company after a merger as 2 locations

combined into 1. I was given a release agreement for only 6 weeks

compensation of wages. In return there was a non compete clause in there for

one year I would not directly or indirectly solicit business from any client for 1

year. I never had a non compete agreement in my term of employment. I

asked that that section be removed. My company would not remove it and is

now refusing to pay my severance. What should I do?


Asked on 9/14/05, 3:53 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: non-compete agreement in severance

It depends upon your plans. If you are not continuing in the same line of work don't worry about it; if however, you plan on doing the same thing, or possibly starting your own business you

don't want to be hindered by a non-competition clause. If you don't sign you lose six weeks severance.

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Answered on 9/15/05, 4:36 pm


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