Legal Question in Employment Law in New York

Non-Compete contract

My employer of 8 months is now requiring me to sign a non-compete contract which will prevent me to ''own, manage, operate, consult or to be employed in a business substantially similar to. or competetive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment within the states of NY, NJ,CT,OH,IL MI,AZ,NM&KT for one year following termination of employment & notwithstanding the cause or reason for termination''. My question is, how enforceable is this contract if I am terminated by the Company for any reason?

Thank You


Asked on 5/04/03, 10:58 am

1 Answer from Attorneys
Michael Paradise Law Offices of Michael S. Paradise

Re: Non-Compete contract

Non-compete agreements are looked at cynically by courts. If they are unconscionable as to time, distance or scope, many courts will not enforce them, or will modify them and restrict their reach. Each case is to be looked at on an independent basis. Certainly, if the company terminates you "without cause", it would not be fair to restrict you, but it may be enforceable. However, these clauses are heavily negotiated and you should consult a lawyer before signing any document of this nature. Good luck.

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Answered on 5/05/03, 3:28 pm


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