Non-Compete Agreement Lawyer Jonathan Cooper Weighs in on Non-Compete Clauses Under New York Law
If you've come to this page, chances are that you are here for one of three (3) reasons:
- Your former employer has sued - or is threatening to sue - over the purported violation of a non-compete clause in your employment agreement;
- You're thinking of leaving your current job - either to start your own business or to work for someone else, but want/need some clarity whether you are barred from doing so by the non-compete clause in your contract; or,
- Your former employee has been poaching your clients and/or customers, and you want to know whether that employee's non-compete agreement is enforceable, and if so, what your legal rights are.
THE COLD, HARD TRUTHS
- New York's courts dislike non-compete agreements. And lest you think that this is some sort of "unofficial" policy, let me disabuse you of that notion; the courts have expressly said that they will look to invalidate these clauses. "Why?" you ask. Because the courts favor a free market economy, where both people and ideas flow and gravitate toward their (hopefully) most profitable ends. And that means allowing someone to change jobs, and to use those skills that were gained and mastered to earn a greater paycheck. On the other hand ...
- The Courts will Protect an Employer's Legitimate Proprietary Interests. While it is true that NY's courts are loathe to enforce a non-compete, there are circumstances where they are obliged to do so, in order to assure a level playing field in the business arena, and disallowing unfair competition or tortious interference by current or former employees or competitors.
Blog for Non-Compete Agreements
- Why Outlawing Non-Competes in New York is a Bad Idea
- How New York Commercial Litigators Earn Their Bad Name
- Absolutely Wrong Way to Handle a Mediation in a Non-Compete Case
- Generic Marketing Methods Aren't Protected by Noncompete, Says Court
- Why Some Courts Won't Edit an Overbroad Non-Compete
- Why Checking the Law is Crucial When it Comes to Noncompetes
- NY Court Suggests Noncompete May Still Be Valid Even if You're Fired
- Coke Shows the Right Way to Enforce a Post-Employment Non-Compete
- Editorial Dubs Employees Who Violate Non-Competes "Worse Than Pirates"
- One CEO Lays Out the Best Policy Argument Against Non-Competes
- Study Suggests Non-Competes Inhibit Employee Creativity & Performance
- Employees Beware: Courts Can - and Will - Redraft Overbroad Noncompetes
- Cease & Desist Letter Re Noncompete Results in Firing of New Employee
- Delaware Court Refuses to Imply Non-Compete Against Ex-Member of LLC
- NY Court Nails Franchisee for Brazen Breach of Non-Compete
- Dr. Forfeits $25,000 Investment After Breaching Non-Compete Agreement
- Why It's a Bad Idea to Break a Non-Compete With Help From Your Mistress
- How Boston Globe's 'Noncompete Claws' Op-Ed Piece Misses the Mark
- WSJ Claims Failing to Plan Before Signing a NY Noncompete is Dangerous
- NY Court: Dr's Arrest for Underage Solicitation Breached Contract
Videos about Non-Compete Agreements:
- Where NY Draws the Line Between Proper & Improper Solicitation
- The 9 Kinds of Claims for Violating a Non-Compete in NY
- The Best Way Around a Non-Compete in New York - Period.
- The Insider’s Guide to Non-Compete Agreements in New York
- When New York Courts Will Imply a Non-Solicit
- When Customer Lists Are Fair Game in New York
- When New York Courts Will Honor Unreasonable Non-Competes
- Are Customer Lists Protected Under New York Law?
- How Far Can a Non-Compete Reach (& Still Be Enforceable)?
- What a Non-Compete Doesn't Protect in New York
- How Long Can a Non-Compete Last Under New York Law?
- The 4 Legitimate Interests That a NY Non-Compete May Protect
- How a NY Co. Pushed Too Hard on VP's Non-Compete & Lost Big
- The Biggest Hurdle to Enforcing a Non-Compete in New York
- The Top 5 Ways to Get Around a Non-Compete in New York
- How NY Courts Decide if Your Non-Compete is Enforceable