Understanding Noncompete Agreements
Employers often ask employees to sign noncompete clauses to protect proprietary information. However, these agreements can unfairly limit future job opportunities. Consulting with an experienced employment agreement attorney is essential.
Services Offered
Castronovo & McKinney, LLC specializes in employment agreements, including noncompete clauses. These agreements must meet certain legal standards and should not be overly restrictive. Our team reviews, negotiates, and represents clients in disputes over noncompete clauses, ensuring your rights and professional freedom are protected.
What is a Noncompete Agreement?
Noncompete agreements restrict employees from joining competitors, starting similar businesses, or contacting the employer’s clients and staff after employment ends. They are also used in business sales. New Jersey courts often resist enforcing such agreements to support the individual’s right to work, but noncompetes remain common in many sectors.
Enforceability of Noncompete Agreements
The enforceability of noncompete agreements depends on several factors:
- Avoids undue hardship on the employee.
- Protects the employer’s legitimate interests.
- Does not harm the public interest.
Noncompetes must be reasonable in duration and geographic scope and should not prevent the employee from working in a different field. Courts reject overly restrictive agreements that unfairly penalize employees.
Employers can protect trade secrets, confidential information, and customer relationships. Restrictions on soliciting customers post-employment are often upheld, especially for employees with key roles. However, enforcing a noncompete on a terminated employee is usually considered unfair. If an employee resigns, the agreement may be enforceable. The key is balancing the employer’s interests with the employee’s right to earn a living.
Consequences of Violating a Noncompete Agreement
If you breach a noncompete agreement, your former employer can sue you and your new employer. They may seek to enforce the agreement and claim damages. Courts can issue injunctions to prevent you from working with a competitor during legal proceedings. Despite New Jersey’s preference for protecting the right to work, the complexities of noncompete agreements require expert legal guidance. An experienced employment lawyer can help navigate these issues and protect your rights.
How Castronovo & McKinney, LLC Can Help
Consulting an experienced employment attorney is crucial when presented with a noncompete agreement. We thoroughly evaluate the agreement to ensure fairness and negotiate favorable terms with your employer. If you want to leave your job while bound by a noncompete, we can negotiate for your release or advise court action if necessary. If sued for breaching a noncompete, we represent you in settlement discussions and litigation if required, ensuring your right to work is defended.
Contact Our Experienced Noncompete Agreement Attorneys
Before signing any noncompete agreement, consult with an employment attorney at Castronovo & McKinney, LLC. Our expertise ensures your right to earn a living and your future career prospects are protected. Contact our office in Fairfield Township, NJ, to schedule a consultation. We are dedicated to safeguarding your interests and providing clear guidance on your employment agreement.
Castronovo & McKinney, LLC assists clients with noncompete agreements throughout New Jersey, including Fairfield Township.