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Zachary
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Experience:  Contracts, Wrongful termination and discrimination
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I was forced to sign a non-compete saying that I would not

Resolved Question:

I was forced to sign a non-compete saying that I would not work for a competitor for 12 mths post separation. I am in a specialized field and had been w/the company over a year before being forced to sign or be terminated. since signing I have endured name calling threats of termination for silly things like asking questions and the environment is plain hostile culminating in my boss throwing a chair during a company meeting. I have been made another offer, in another state in my field. can I accept the offer on a consulting basis as the alternative is unbearable, working here is literally making me sick?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

Whether or not you can accept the offer depends on the language of your non-competition agreement.

Do you have a copy of it with you to discuss?
Customer: replied 1 year ago.


Yes- I do have a copy I can scan and attach it around noonish- when I can get a little privacy


 

Expert:  Zachary replied 1 year ago.
Great! I'll take a look and we can discuss this more.

If you are unable to attach, you may email it to:XXX@XXXXXX.XXX

attn: ZDNlaw re: http://www.justanswer.com/employment-law/7tkza-forced-sign-non-compete-saying-not.html
Customer: replied 1 year ago.


just forwarded copies of the NC agreement

Expert:  Zachary replied 1 year ago.
OK. It takes a bit of time to get to me. Please remain patient and I will update my response once I receive it and take a look.

Thanks,
ZDN
Expert:  Zachary replied 1 year ago.
Thank you for your patience. I've reviewed your non-competition agreement.

Can you read through the entire agreement and look for a clause which states something like "This agreement shall be governed by the law of the State of _________"?

Can you tell me what state it says?
Customer: replied 1 year ago.


New Jersey

Expert:  Zachary replied 1 year ago.
Thank you for your response.

In New Jersey, a non-competition agreement will be held to be enforceable only if it is reasonable. The courts hold that a noncompete agreement is reasonable if it protects the legitimate interests of the employer, imposes no undue hardship on the employee and is not injurious to the public.

A non-compete agreement will not impose an undue hardship on an employee if the non-compete agreement is reasonable in geographic area, subject matter and duration.

Here, your non-compete agreement is arguably unenforceable because it is not limited at all in geographic area. Thus, you should be able to work with an employer which is in a different state.

Your main concern here is that you may not directly solicit any current customers of your current employer for your prospective new employer for 12 months. That would definitely violate this covenant.
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience: Contracts, Wrongful termination and discrimination
Zachary and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


thanks so much!

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