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 Abate, Law Group PC 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, Abate, 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.