Our lawyers have reviewed hundreds of non-compete agreements in New Jersey. There are many different aspects to evaluating a non-compete agreement, negotiating out of the non-compete agreement, and challenging the validity of the non-compete agreement.
Employers will often times require employees to sign a non-compete agreement in order to protect their customer lists, trade secrets, intellectual property, employees from solicitation and to prevent an employee from becoming a competitor. The non-compete agreement may prevent the employee from using or disclosing any customer lists, trade secrets, intellectual property, soliciting employees or becoming a competitor.
A non-compete agreement is different than a standard contract entered into between two parties and is treated differently by the Courts. Unlike other employment contracts, a non-compete agreement prohibits free trade and commerce. Therefore, public policy in New Jersey favors individuals being able to work and being competitive. Accordingly, New Jersey requires that non-compete agreements be limited in the amount of time and geographic scope. The non-compete agreement must also not generally prohibit a person from working and must protect a legitimate business interest of the company.
In order for a non-compete agreement to be valid in New Jersey, the non-compete agreement must be limited to meet the needs of the employer balanced against the needs of the individual bound by the non-compete agreement.
We will review the non-compete agreement, advise you on New Jersey non-compete law and help provide you with ways that you can challenge the validity of the non-compete or continue to work without violating the terms of the non-compete agreement.
Please contact our lawyers to discuss your non-compete in detail. We provide a free consultation to discuss your non-compete agreement.