A non-compete agreement is a contract between two parties where one party agrees not to enter into the same profession or use information gained during employment with the other party in later business ventures or employment. Non-compete agreements are also known as a non-competition agreements and covenants not to compete. These agreements are usually by employers within employment contracts they offer to employees. Non-compete agreements usually specify a particular time and geographic area in which they will be in effect are designed to protect the rights of employers. These agreements are designed to limit the risk of employees using skills, knowledge or trade secrets gained from employment in direct competition with the business in the future. The attorneys at Thomas M. Lancia PLLC are well-versed in non-compete agreements and have represented clients in this area for years.
Requirements of a Non-Competition Agreement
Non-competition agreements must meet certain requirements to be valid and enforceable. Non- competition agreements can only be used if there is a sound business reason for their use. These agreements must be for a reasonable time, cover a reasonable geographic area and only restrict the former employee’s activities within a certain scope. These agreements cannot be for indefinite amounts of time and cover overly broad geographic areas. They also cannot be overly restrictive with regard to scope meaning that the subject employee still has to be able to make a reasonable living. Finally, non-competition agreements cannot be against public policy. Our firm has a deep understanding of these requirements and how they are practically applied. Our attorneys focus on these requirements when drafting agreements or attempting to find a non-competition agreement void.
How can our firm serve your needs?
The attorneys at Thomas M. Lancia PLLC are experienced in working with non-competition agreements in various ways. Our firm serves clients in the drafting of these agreements with the specific requirements in mind to ensure that they are valid and enforceable. We also represent employers who seek to stop a former employee from violating a non-competition agreement. When representing employers, our firm has been able to successfully resolve disputes among parties to non-competition agreements. We also represent employees who seek to compete with their former employer. In this instance, we study the agreement in question to find potential violations of law and public policy in order to render it void.
If a dispute over a non-competition agreement cannot be solved without going to court, our firm is not afraid to litigate. We will analyze the subject non-competition agreement and determine if it is likely to hold up in court. Our firm is skilled in the process of litigation and will artfully draft the required litigation documents, proceed with the discovery process and tenaciously represent clients at trial.
If you are in need of a non-competition agreement, are seeking to enforce an existing agreement or are trying to get out of one, contact Thomas M. Lancia PLLC at (212)964-3157 for a consultation today.