5 FACTS ABOUT THE NON-COMPETE CLAUSE IN YOUR EMPLOYMENT AGREEMENT

What Exactly is a Non-Compete clause? Also known as a restrictive covenant, It's like a jealous ex who doesn't want you dating anyone remotely similar. Employers use this agreement to make sure you don't work for their rivals or open a copycat business. They're really just saying, "Hey, you can't leave us and join the dark side."

A Non-Compete Cannot be Unduly Burdensom. Picture this: You're stuck in a non-compete that's more suffocating than a boa constrictor at a buffet. In New York, we have protections against such oppressive clauses. Courts don't want to see you crawling into a cardboard box and living off canned beans just because your ex-employer doesn't want any competition!

There Must Geographical Limits to Non-Compete Agreements! Hold up, folks! If your non-compete doesn't come with a handy-dandy GPS tracker, it's bound to be frowned upon. Just like your overbearing parents who wouldn't let you cross the street without a chaperone, non-competes need geographical limits. They can't control your life in every corner of the globe. Sorry, Santa, but this clause won't fly on your naughty list.

Non-Compete Agreements Must Include Reasonable Time Periods. Listen, we all know time is a tricky thing. But, if your ex-employer expects you to abstain from competing for the rest of your natural life, they're living in a fantasy world. Time flies, my friend! So, when it comes to non-competes, they better keep it reasonable. No one wants a clause longer than the wait for the next season of their favorite TV show (I'm looking at you, GOT!).

A Non-Compete Agreement is Generally Enforceable Against Learned Professionals and Other Employees Whose Services are Unique or Extraordinary. Imagine being so good at your job that your ex-employer has to throw a non-compete at you like a boomerang. This clause is their way of saying, "We don't want you taking your extraordinary skills and joining forces with our arch-nemesis." So, if you're a superhuman professional like a doctor or an accountant, watch out for those sneaky restrictive covenants. They're like a secret handshake for the elite.

To have the non-compete in your contract reviewed, contact us at 516-400-2789