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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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I have been working as a Program/ Project Manager IT

Customer Question

I have been working as a Program/ Project Manager for an IT Development Company. They laid off a group of us. In the letter we received, it mentioned that we are still under the non compete we signed when we started. We did. It receive a copy, although I did request one. Is this non compete still enforceable of they laid is off for not enough work? We did not receive severance or notice. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Regrettably, yes, the non-compete agreement is still enforceable. A non-complete agreement does not become unenforceable solely because the employee was laid off or terminated. However, whether the non-compete is enforceable would depend on the reasonableness of the non-complete in relation to its duration and geographical restrictions. The non-compete cannot unduly restrict the former employee's right to make a living. Duration of two years or less is considered reasonable. Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.