
Non-compete agreements are contracts that restrict employees from working for competitors or starting a similar business within a specified period after leaving their employer. These agreements can significantly impact your career and future job opportunities, making it essential to understand your rights before signing.
Key Elements of a Non-Compete Agreement
Non-compete agreements typically include the following terms:
- Restricted Time Period: The length of time an employee must wait before working for a competitor.
- Geographic Scope: The locations where the employee is prohibited from working.
- Prohibited Activities: Specific types of jobs or industries the employee cannot engage in.
- Legitimate Business Interest: Employers must justify restrictions based on protecting trade secrets or customer relationships.
Are Non-Compete Agreements Enforceable?
The enforceability of a non-compete agreement depends on various factors, such as:
- Reasonableness: Overly restrictive agreements may be deemed invalid by courts.
- State Laws: Some states impose strict limitations on non-compete clauses.
- Legitimate Business Justification: Employers must prove that the agreement protects their business interests without unfairly limiting an employee’s career.
What to Do Before Signing a Non-Compete Agreement
Before signing a non-compete agreement, follow these steps:
- Review the Terms: Understand the duration, location, and scope of the restrictions.
- Negotiate If Necessary: Ask for modifications to overly restrictive clauses.
- Seek Legal Advice: Consult an employment attorney to ensure the agreement is fair and enforceable.
Legal Assistance for Non-Compete Agreements
At Castronovo & McKinney, Employment Law Attorneys, we help employees understand, negotiate, and challenge non-compete agreements to protect their career opportunities.
Contact Castronovo & McKinney, LLC
If you need legal assistance with 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