When do Non-Compete Agreements Apply?
“I’ve talked to a lot of people who are all struggling with the same problem involving non-compete agreements and competition.
In these cases the person I spoke to worked for one company and they had a non-compete agreement but they wanted to go work somewhere else and they’re worried this non-compete agreement would stop them.
But in every case when I looked closely at it, it turned out that the non-compete agreement didn’t apply at all because there wasn’t any competition and it was pretty obvious that the companies weren’t competitors.
Non-compete agreements don’t apply unless the company you’re working for is in genuine competition with a new company that you go to work for. Non-compete agreements don’t just prevent you from leaving one company and going to another; that’s not what they do. They only apply in very limited circumstances.
You have to have competition and the way you figure that out is to look at the services or products of the company you’re working for. If the services and products of the company you want to go work for are the same then maybe they’re in competition.”
If you want to know more information about your rights with a non-compete agreement in New York give us a call on (347) 305-1396.Find Our New York Law Office
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Ottinger Employment Lawyers
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New York, NY 10016
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