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Non-Compete Hold in Court?

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jeanine

Member
My former employee made me sign a non-compete to last for five years. I haven't worked there in almost 2 years. I never got a copy of what I signed. This former employer is court crazy - he loves to sue people.

My question is: how legal is a non-compete in NY? And what would happen if a former client of mine there came to me and wanted to hire me?
 


L

loku

Guest
In states that allow non-compete agreements, and I believe NY is one, an agreement by an employee not to compete with an employer after the termination of employment is valid if it is reasonable in the circumstances. It must be reasonable as to the length of time and the geographic area restricted. What is reasonable, depends on all the circumstances. To be sure in your case, you should check with a NY employment law or contract attorney.

A 5-year restriction has been held valid in some circumstances and invalid in others.
 

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