What Is A Covenant Not To Compete In New York?
Generally speaking, in New York, a covenant not to compete means that the employee will agree not to work for any of their employer's competitors upon leaving the company. Such agreements are also known by the term "non-compete clauses". Signing such an agreement may either be a condition for being employed, or the employee may receive additional compensation for doing so.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. Even if the employee's interests may be important, New York courts will certainly assign great weight to a person's freedom to choose the type of employment that is suitable for them. Accordingly, only those covenants which are deemed to be reasonable will be upheld by the court. A court will usually hold non-compete clauses to be unreasonable if they involve unusually long periods of time or if they cover a geographic region surrounding New Rochelle that is excessively large.
Limitations on non-compete clauses must also be restricted to cover only competitors who are related in a rational way to the employer's industry. Lastly, the employer must have a valid business interest behind its motivation for mandating a covenant not to compete.
Do I Need an Attorney when Dealing with a Covenant not to Compete?
Since covenants could restrict your rights, you may wish to hire a New Rochelle, New York lawyer to review any documents. They will be able to negotiate further changes to the covenant, and can draft an entirely new one that is acceptable to all parties if needed. Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.
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Life in New Rochelle
Named by Money Magazine as one of their Top 100 Best Places to live in the United States, New Rochelle, New York has it all. The city, which is just a half hour train ride from the famous Grand Central Station is a New York gem to be enjoyed by residents and visitors alike.
New Rochelle was first settled in the 1700's and it is a city that prides itself on its ethnic and religious diversity. New Rochelle was also the suburban neighborhood featured in the cult classic, Dick Van Dyke show. With views of the Long Island Sound from parts of the city, New Rochelle is home to just under 80,000 residents.
With its close proximity to big city New York, New Rochelle has an abundance of fabulous lawyers to serve their local clients in issues ranging from family law to estate planning. New Rochelle lawyers are some of the best and brightest in their business.
In addition to lawyers, New Rochelle also has many other professionals that add to the appeal of the city. On the cultural side, New Rochelle has lots of parks and museums for its residents to enjoy. No wonder New Rochelle is considered one of the best places to raise children. Not surprisingly, New Rochelle also has a nationally recognized public school system. New Rochelle has the nickname, "Home Town" because of the large number of single-family residential developments throughout the picturesque city.
