Non-compete agreements are contracts that restrict an employee from working for competitors or starting a similar business within a specified period after leaving their employer. These agreements can significantly impact career mobility and future employment opportunities.
Key Elements of a Non-Compete Agreement
Non-compete agreements typically include the following provisions:
- Time Duration: Specifies how long the restriction applies after leaving the job.
- Geographic Scope: Defines where the restrictions are enforced.
- Scope of Work Restriction: Limits the type of work or industry an employee can enter.
- Legitimate Business Interest: Employers must justify the agreement as necessary to protect trade secrets or confidential information.
Are Non-Compete Agreements Enforceable?
The enforceability of a non-compete agreement depends on factors such as:
- Reasonableness: Overly broad agreements may not be upheld in court.
- State Laws: Some states impose strict limitations on non-compete clauses.
- Employer’s Justification: Employers must demonstrate that the agreement is necessary to protect their business interests.
Steps to Take Before Signing a Non-Compete Agreement
Before signing a non-compete agreement, employees should:
- Review the Terms: Carefully examine the restrictions on employment.
- Negotiate Fair Terms: Request modifications if the terms are too restrictive.
- Consult a Lawyer: An employment attorney can assess the legality and enforceability of the agreement.
Legal Assistance for Non-Compete Agreements
At Castronovo & McKinney, Employment Law Attorneys, we assist employees in understanding and negotiating non-compete agreements to protect their career opportunities.
Contact Castronovo & McKinney, LLC
If you need legal assistance regarding a non-compete agreement, contact us today:
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
Email: info@cmlaw.com