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:

  1. Review the Terms: Understand the duration, location, and scope of the restrictions.
  2. Negotiate If Necessary: Ask for modifications to overly restrictive clauses.
  3. 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