Employment Law Blog

The Janitor Rule Mops Up Another Non-Compete Agreement

The Janitor Rule is a tool used to invalidate non-compete agreements.  This rule, also known as the “janitor analogy,” applies to non-compete agreements that are so broad that they would bar employees from even working as a janitor at another company.  In other words, the non-compete agreement prohibits employment or affiliation with a competitor in any capacity. While non-compete agreements...

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Employment Law Blog

New York Non Compete Agreements Can Shackle Your Career

Historically, New York non compete agreements have been used to protect narrow and legitimate interests. For instance, a non-compete clause might limit the ability of high-level executives with access to trade secrets to use that information to a company’s disadvantage.  Or a non-compete agreement might allow a company to sideline a former employee with deep customer relationships for a period of...

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Employment Law Blog

Non-Compete Agreements are Bad for Business

As you may know, New York and most other states do not prohibit non-compete agreements. In fact, NY courts will enforce these agreements. In California, non-compete agreements have been prohibited since 1850 and many believe that this policy has contributed to the growth of California’s economy and especially so in the technology field. A while back, the National Law Journal ran an...

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Employment Law Blog

Non-Compete Clause: How to Escape from Them – Video.

Un-shackle Your Non-Compete Clause Do you feel trapped by a non-compete clause?  Is there a job you want but feel chained to your current employer due to a non-compete clause.  You are not alone. Non-Compete clauses have been overused and abused.  More cases are being filed challenging the validity of non-compete clauses.  And employees are winning more of these cases....

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Employment Law Blog

Getting Fired Without Cause Will Void a Non-Compete Agreement in New York

Non-compete agreements in New York are typically rendered unenforceable if the person subject to the agreement is fired without cause. Non-compete agreements are disfavored in New York and will only be enforced if there is a legitimate reason. Courts have generally found that no legitimate reason exists if an employee is fired without cause. If the company decides to let...

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Employment Law Blog

Non-Compete Agreements Do Not Apply to New York Workers Fired Without Cause

Fired workers in New York are not bound to non-compete agreements if they were terminated without cause. Non-Compete Agreements Void if Employee is Fired Without Cause Arakelian v. Omnicare Inc. concerned a Vice President of Business Development at a Fortune 500 healthcare company who was terminated after the company was acquired by Omnicare Inc.  As part of her severance agreement, the worker...

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