Non-Compete Agreement Attorney in Mullica Hill, NJ
Non-compete agreements are a standard term in many employment contracts. Employers routinely use them to protect their business and trade secrets in case of 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. The Vigilante Law Firm, P.C. understands the complex case law that governs non-competes. Our firm can draft valid and binding non-compete agreements for employers and help attain compliance from former employees. For workers, our firm can help avoid oppressive non-compete agreements. When a non-compete agreement is challenged, our firm is ready to assess the situation and litigate the matter if it is necessary. If you need an experienced law firm to help you review a non-compete agreement or to help you handle any issues regarding a non-compete agreement, contact The Vigilante Law Firm, P.C.
The 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 the 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.
Contact The Vigilante Law Firm, P.C.
The Vigilante Law Firm, P.C. has over 25 years of experience helping clients protect their rights and future. A non-compete agreement can have lasting effects on a person’s livelihood. When a person is asked to sign a non-compete agreement, there is a lot on the table. When a company asks its workers to sign non-compete agreements, it is important to ensure that they will be durable if ever challenged for overreaching. Whether you are a business who needs to draft and implement a non-compete agreement or are an employee who is asked to sign one, consult with a knowledgeable employment attorney.
*We offer document review and a phone consultation for a flat fee of $275. Payment must be made in advance through PayPal and the documents must be scanned into PDF form. To proceed with payment and document upload, follow this link. Once we have received payment and the documents, we will schedule a consultation. By providing the consultation, we do not commit to further representation. Should you seek representation beyond this initial consultation, we will require a separate retainer agreement.