Legal Question in Employment Law in New York
non-compete
I signed a non-compete when I first started my job, which prevents me from seeking work in my specialty. Almost 3 years later, I was issued a completely unrealistic performance improvement plan, and over a 4 week period, I didn't meet the requirements. Ultimately, I was summed up to be inept and not able to perform my job. To prevent from being fired, I resigned - this bought me more time otherwise I would have been terminated at the end of the improvement plan time period.
My question: does the non-compete stand since I was told I did not perform my job up to par? Can my company prevent me from seeking work in my specialty/industry, even though they no longer wanted to employ me?
1 Answer from Attorneys
Re: non-compete
You should consult with an experienced employment attorney immediately. In general, a non-compete agreement cannot be so broad in scope and geographic restrictions as to unreasonably prevent you from practicing your trade or earning a living. I'm assuming you were employed in New York state. The attorney will review the agreement in light of New York case law and let you know your options.
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