Our employment agreement lawyers work with employees and executives to review and negotiate employment agreements, executive compensation plans and job offers in New Jersey. Employment Agreements in New Jersey are enforceable during your employment and after your employment terminates for any reason. New Jersey employment contracts typically contain non-compete, non-solicitation and other covenants that will restrict you from competing in the future against the employer.
Employment agreements set the terms of a company to employee relationship. It not only sets the terms for compensation during an employment period but can also limit outside compensation during employment and restrict activies afterward.
Non-Compete Clauses in a New Jersey Employment Agreement
Non-Compete agreements are intended to prevent former employees from using information gained during employment such as client information, trade secrets, confidential information and customer relationships. This non-compete relationship can be initiated as part of an employment contract and can be put in place during employment through a change of terms or promise of continued employment.
In New Jersey public policy protecting an individuals right to pursue a livelihood and forces employers to provide a return for signing one. This can take many forms including a severance agreements promising payment after termination or future employment with the company.
There are three main requirements for an enforceable non-compete agreement in New Jersey.
- Protect the legitimate interests of the employer
- Not impose undue hardship on the employee
- Not be injurious to the public
Non-Solicitation Agreements in a New Jersey Employment Agreement
Non-solicitation agreements place restrictions on your ability to do business with certain businesses or individuals. These clauses can be be part of your initial contract, severance packages or other documents. These clauses are very common in New Jersey and can place meaningful restrictions on future employment.
Non-solicitation clauses come in many forms but typically they limit your rights to do business with certain customers or prohibit the hiring of employees from your previous company.
Limits On Your Right To Hire Employees
Probably the most common type of non-solicitation agreements prevents the hiring of employees from your existing company. An employer does not want you hiring their employees after you leave your position.
Limits On Your Right To Do Business With Customers
Another typical provision is to prevent you from seeking business from the employers current customers or contacts. After you leave your position they do not want you taking your clients with you. The language of these agreements can vary with some cases prohibiting you from competing at all with your former employer. At a minimum they can limit your future employment opportunities.
Contact Our Experienced New Jersey Employment Agreement Attorneys
We have represented hundreds of executives and employees in negotiations of their employment agreements. We have been successful in having a guaranteed amount of severance included in the agreement, requiring that the company provide you with compensation during any non-compete period, and have negotiated to improve the terms of the compensation and benefits.
It is crucial to speak with an employment attorney before you sign the agreement. You are not required to sign the employment agreement on the spot and you will have time to review. An employment agreement is one of the most important agreements you will sign and can have significant ramifications in the future. Contact us today so we can start working on your case.
Castronovo & McKinney, LLC helps clients with their employment agreements throughout New Jersey including Bergen County, Essex County, Middlesex County, and Morris County as well as the cities Hackensack, Newark, New Brunswick, and Morristown.