Skilled Assistance With Noncompete Agreements

Noncompete agreements need to strike a delicate balance between an employer's right to protect trade secrets and an employee's right to seek employment elsewhere.

At the Law Office of Sandra D. Parker, we represent both employers and employees in matters related to noncompete agreements. With more than 30 years of experience, our attorney is well-equipped to provide the advice and advocacy clients deserve.

What Exactly Is A Noncompete Agreement?

Noncompete agreements are essentially contracts that prevent employees from competing with their former employers. Knowledge of company manufacturing processes and customer lists are examples of things an employer may seek to protect with a noncompete agreement.

An employee would likely violate a noncompete agreement if he or she went to work for a direct competitor or formed his or her own competing company. In this way, the agreement defines the type of work an employee cannot do after the employment relationship has ended.

Generally, a noncompete agreement must include a geographic scope, such as the city of New York or within 50 miles of the current employer, and a time limit, such as one year. It is always best to consult with a lawyer prior to drafting or signing a noncompete agreement to avoid problems.

What Happens If A Dispute Arises?

Noncompete agreements are legal in New York, but can be overturned if the terms are deemed by the court to be unreasonable. To be a valid agreement, the trade secrets the employer seeks to protect must be meaningful. The former employee must also be engaged in new work that would clearly compete with the former employer.

If the geographic scope of the agreement is considered to be too large or the time limits of the agreement too long, a court can modify the agreement to much narrower or more reasonable terms. There may also be a dispute if an employee is unjustly fired or forced to resign due to intolerable working conditions.

Suing or being sued over a noncompete agreement is a serious matter that requires an experienced attorney. Sandra D. Parker is prepared to handle such disputes. Please call us today at 212-317-2883 or send us an email to schedule a consultation.