Gloucester County Non-Compete Agreement Lawyers
Representing New Jersey clients faced with non-compete agreements
Non-compete agreements are a standard term in many employment contracts. Employers routinely use them to protect their business and trade secrets following the departure of an employee. Overreaching non-compete agreements, however, are often against public policy. They can severely limit the ability of an individual to practice his or her trade and can limit the professional services available to the public. For these reasons, a non-compete agreement in New Jersey can be subject to judicial scrutiny.
For both employees and employers, non-compete clauses can be a thorny issue. But the New Jersey non-compete agreement attorneys of Richardson Employment & Civil Rights Law, LLC understand the complex case law that governs non-competes. Our experienced legal professionals can draft valid and binding non-compete agreements for employers, help workers avoid oppressive non-compete agreements, and help employers attain compliance from former employees.
Validity of non-compete agreements
New Jersey courts examining the reasonableness of a non-compete agreement generally consider three factors:
- Is the breadth of the agreement reasonably necessary to protect the interests of the employer?
- Does the breadth of the agreement place an unreasonable burden on the former employee?
- Is the agreement contrary to public policy or need?
While there are no bright-line rules regarding the enforceability of a non-compete agreement, covenants of more limited duration or geographic scope are more likely to be valid. This can, however, vary greatly depending on the type of business, economic conditions, public needs, and other factors.
Because of the highly subjective nature of these agreements, employers, as well as employees should have a New Jersey non-compete agreement attorney review their language and scope before putting them into effect. A former employee can face substantial monetary penalties for violating a valid agreement. Likewise, the business interests of an employer can suffer if an over-broad agreement becomes invalid.