New Jersey Non Compete Agreement Lawyers
If you lose your job, your former employer should not make it impossible to find a new position. Similarly, after the sale of a business, you should be entitled to find employment or start a new business in the same industry. However, an unfair non-compete agreement can make either of those options impossible. Fortunately, New Jersey offers protections for victims of unethical non-competes. Your legal options may be more expansive than you thought.
Our NJ employment lawyers at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. carefully review the terms of your contracts. We determine if the enforcement of your non-compete is unenforceable under the law. We offer strategic legal representation during all phases of your employment period, from signing an initial contract to challenging an existing agreement.
What is a non-compete agreement?
A company may require non-compete clauses to protect their business interests.
They want to ensure former employees or partners do not:
- Gain employment in the same field
- Start a competing business
- Take existing clients from their business to a former employee’s or partner’s new business
Non-compete typically arise out of these scenarios:
- An employer and employee terminate their relationship
- A company and a contractor, or independent contractor, terminate their relationship
- Two business partners terminate their business relationship
You may be required to sign a non-compete agreement at the start of your employment or business relationship. Alternatively, non-compete clauses could be part of severance package given at the end of one’s employment at a certain company.
Are non-compete agreements enforceable in New Jersey?
The enforcement of non-competes in New Jersey is subject to the court’s discretion. NJ courts tend to disfavor clauses that are too broad and too encompassing. As a very general rule, the law favors employees in non-compete litigation.
For a non-compete agreement to be enforceable, New Jersey courts require that the non-compete agreement:
- protects the legitimate interests of the employer;
- does not impose an undue hardship on the employee; and
- is not injurious to the public.
If you possess highly important trade secrets about your current employer, a non-compete agreement may be enforceable. If you never had access to proprietary information, then the non competition agreement is unenforceable. A non-compete that severely restricts your ability to find a new job, causing you undue hardship, than the courts may find in your favor.
Call our New Jersey non compete agreement lawyers
At Aiello, Harris, Marth, Tunnero & Schiffman, our New Jersey contract attorneys understand each employment scenario is unique. We provide individualized initial consultations at no cost to you. Please call us today at (908) 561-5577 or contact us online to schedule your free case review.