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Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2579
Experience:  I have significant experience in employment law.
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I signed a non compete when I started with a new tech

Customer Question

I signed a non compete when I started with a new hi tech company. I am a Sr. sales guy. My former company wants me back, and I am considering. I am in PA, my current company's non compete says it is by the laws of NJ, although they are in Canada. It is debatable as to whether these compani s are direct competitors. I wonder if a strict non compete, essentially locking me I to my current company -- is enforceable?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Attorney2020 replied 1 year ago.

A strict non-compete locking you into the company is likely non enforceable but certain provisions dealing with geographic region and duration of future employer that are reasonable would be enforceable. Generally, New Jersey courts will only enforce restrictive covenants if they are reasonable in scope and duration (Community Hosp. Group, Inc. v. More, 869 A.2d 884, 897 (N.J. 2005)).

If you are seriously considering going back to work for your other company, would consult a local NJ attorney into whether doing so could be considered a breach of the non-compete agreement. Here is a link to a NJ firm that allows for free consultations to discuss the non-compete agreement: https://www.njplaintiff.com/

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 1 year ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.