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Confidentiality & Non-Compete FAQ's

faqs

Can employers enforce a non-compete agreement if you’re an at-will employee?

Depends. Courts are highly suspect of “non-compete agreements” in at-will employment relationships.

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In What Situations May a Non-Competition Agreement Need to Be Signed?

A non-competition agreement is a document that requires one of the parties to agree not to enter into competition with the other party.

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Are there New Jersey "Non-Compete" Lawyers?

The practice of law is extremely broad and includes a diverse range of laws and legal issues.

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Do I Have to Worry About A Non-Compete When Dissolving My NY or NJ Business?

If you are a shareholder, partner or member of a New York or New Jersey business then the answer is "yes".

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What is a Non-Compete Agreement?

A "Non-Compete Agreement" is a common contractual provision in executive employment agreements, business purchase and sale agreements, franchise agreements and other agreements that restricts (and sometimes prohibits) an individual from working with or for a business competitor or from establishing a competing business.

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Are Non-Compete Agreements Enforceable?

The answer of enforceability and whether or not your non-compete agreement is enforceable, depends on the circumstances that gave rise to your "non-compete" and the terms of your "non-compete".

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What Makes a Non-Compete Agreement Enforceable?

To be enforceable non-compete agreements must (a) serve a legitimate business purpose, and (b) be reasonable.

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What Happens If I Violate The Non-Compete in My Employment Contract?

Assuming that you were a valuable employee with information and access to clients, customer lists and business know how, chances are that your employer will attempt to restrain you from working for a competitor or establishing a competing business.

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How To Start a Business After Signing a Non-Compete?

Assuming that your non-compete was based on your prior employment and you are concerned about if and how you can (or already have) leave your job and start a competing business, it will be critical to carefully evaluate and review (with an experienced non-compete lawyer) the enforceability of your non-compete.

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