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RobertJDFL
RobertJDFL, Attorney
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I signed a non-compete agreement to get a job. They have terminated

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I signed a non-compete agreement to get a job. They have terminated my employment for policy violation. Since they terminated me is the non-compete still valid in the state of NM?
Thank you for your question.

Absent language in the non-compete agreement that it would be voided in the event of termination, then it would be enforceable, provided that the agreement was otherwise enforceable.

Non-compete agreements have been held to be enforceable under New Mexico law if the terms are reasonable and necessary to protect a legitimate business interest of the employer. Things looked at in a non-compete would include the hardship an agreement puts on a former employee and the restrictions placed on time, territory and activity of the former employee, for example.

To give you an example, if the non-compete lasted a year after termination of employment and restricted you from working for similar companies in a 15 mile radius, that would likely be considered a reasonable restriction. If, however, the non-compete was for 5 years and a 500 mile radius, that would likely be seen as far too restrictive and a hardship to you being able to earn a living.
RobertJDFL and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.


I have only six month's left to get my license, I'm 53 and trying to support my family. I can go to work for another company to finish the requirements. The economy is bad here. I signed the agreement in Colorado based company. Do I need to change directions again?


 

I'm not sure what you mean by needing to change directions again? Are you asking if you should do a different line of work? I honestly cannot answer that - I don't have the document in front of me to read to tell you whether it would even be considered enforceable under New Mexico law, and even if I did, as I am prohibited from giving you legal advice on this site, I couldn't tell you anything, unfortunately.

I think the first thing you need to do is to have an employment lawyer in your area review the agreement (many lawyers will offer a free or low cost consultation). Once you know if the agreement is valid or not, you'll know what your options are better. As I said, the non-compete cannot be so restrictive as to prevent you from doing any type of similar work.
Customer: replied 3 years ago.


I understand thank you and I will seek legal advice.

You are very welcome. Have a good day, and good luck to you.

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