Legal Question in Employment Law in New York
non-compete
I am employed by company C (at will, hourly) and was contracted to company A.
I have a non-compete agreement that states : I will not compete with company C directly or indirectly, nor to accept employment nor work as a subcontractor or for another consulting service, at C's client (A) for whom I have performed services for a period of 1 year commencing upon the last day of work by the consultant at that client without the expressed written consent of C.
The following events took place:
Company A consolidated and outsourced all computer work to another company B. Company A would have liked me to continue my service but is not dealing with C anymore. I could not accept a position with company B directly or indirectly to service A because of the non-compete agreement above. So B was forced to sub-contract my services from C to work at A. After 4 years, company A now discontinue business with B and now outsourcing to new company D. Company B nor C is able to find work for me. I am in the same situation again. Company A would like to retain my services. No other work within 120 mile radius. Questions: Can I accept a position with company D directly or indirectly to work at A? Would this breach the non-compete agreement?
1 Answer from Attorneys
Re: non-compete
Thank you for your inquiry. As a general rule, non-competes are enforceable as to limited time and scope. However, there are exceptions such as obtaining written permission. There may be others depending on what the document states. If you would like to pursue this further, please do not hesitate to contact me. Thank you.
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