A non-compete agreement is a contract between a company and an employee that prevents the employee from working for a competing company during and after the duration of his or her employment. These clauses are generally included in employment contracts with other restrictions such as inactivity agreements and trade secrets. Competition bans are factual. Take a close look at your non-compete agreement in New York and determine if your new position puts you in direct competition with your former employer. For example, does your new position use another technology, serve another market, or offer a different type of service? Try to find a reasonable difference, and this can be used to show that the exact terms of the non-compete agreement are not violated by your new job. This guide was developed to help leaders navigate the New York Non-Compete Agreements minefield. Since 1999, Ottingen`s labour law specialists have been supporting executives in non-competitive agreements. Judges do not like the application of a non-compete clause and if your employer has done something wrong, they may have no chance of applying that agreement against you. First, a small background on competition bans in New York. Legally not, but it may tell you that the employer does not consider the cost and risk of trying to enforce the agreement. It may also be that the employer decided that the agreement was probably not applicable anyway. Unfortunately, this is not a guarantee that the employer will not try to impose it in your case. Before you deliberately choose to violate a non-compete agreement to which you are subject, speak to a New York employment law professional who can make the agreement with you and help you evaluate an appropriate procedure.

The New York Attorney General also sued Jimmy John for forcing food workers to sign non-compete agreements in New York. Workers signed agreements that prohibited them from working for rival sandwich makers within 2 miles of any Jimmy Johns store. Jimmy Johns settled down and agreed to stop hiring food workers with non-compete agreements. Read here for more details on this case. Today, most of New York`s executives are subject to competition bans. And many of them are fired for no reason or end up being fired. They feel trapped by their non-compete clause. They want to stay in their field because that is where they offer the greatest value.

They have bills to pay and families to support. But their non-competition prohibitions prohibit working in their field. In addition, most of these executives do not have access to their former employer`s trade secrets. They generally occupy distribution, management, operating or other sectors that do not require access to the company`s true business secrets. The courts will therefore apply non-competition prohibitions, but only to the extent necessary to protect the legitimate interests of employers. However, over the past decade, companies have begun to ask Rank and File employees to sign non-compete contracts. If you have any questions about your non-compete agreement, speak to an experienced non-compete lawyer today. Today, some companies require low-skilled workers, such as sandwich makers and delivery drivers, to sign non-compete measures.