Employment Law Questions? Ask an Employment Lawyer.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am sorry for this dilemma.
NY law allows for enforcement of "non compete covenants". So it is permissible for an employer and employee to enter into a covenant not to compete (a non compete agreement) and for both sides to enforce the agreement.This is true, generally speaking, even if the employee is terminated from their job.That said, because a covenant not to compete is a contract, in order to enforce the contract, the terms of the contract are important. Often times such contracts will contain provisions that limit the employers ability to terminate the employee. For example, it is common in a covenant not to compete that the employer agrees to not terminate except "for cause" (for example, if the employee commits misconduct).So, for example, if the employer fires the employee without a basis, and that violates the terms of the covenant not to compete? That would be a basis for the employee to disregard the agreement.
Bot***** *****ne: a covenant not to compete is a contract. But sides must follow the terms. If the employer violates the terms, that would be a basis for the employee to also disregard the termsPlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.