Getting Out Of Your NJ Non-Compete Agreement

We receive several calls a week from prospective clients asking how they can get out of the NJ non-compete agreement that they signed with their employer. We hear that they did not know what they were signing at the time and didn't bother to read it when they started the job. However, now they are looking to leave the company or have already left and learn that they cannot work for a competitor or … [Read more...]

NJ Restrictive Covenants | New Jersey Restrictive Covenant Lawyer

New Jersey Restrictive Covenants are permitted by New Jersey law.  Restrictive covenants are agreements between you and the employer regarding certain activities that you will not do while employed by the company and after your employment terminates for any reason whatsoever.  The typical restrictive covenants in New Jersey consist of non-compete agreements and non-solicitation … [Read more...]

NJ Non-Compete Lawyers Discuss The Advantages Of Mediation

Our NJ Non-Compete Lawyers litigate cases and disputes arising between employers and former employees over the terms of NJ non-compete agreements. We typically handle these matter on behalf of individuals, but we have worked on these matters for both individuals and companies. We have seen that it is very rare for a NJ Non-Compete case to go to trial. The cases usually start out very aggressive … [Read more...]

NJ Business Dispute Lawyer | New Jersey Business Litigation Attorney

A NJ Business Dispute can disrupt the operations of your business and seriously impact the value of your company. In some cases the threatened litigation or business dispute can threaten your small compnay's existence. Our NJ Business Dispute Lawyers can help you business through risk prevention measures, a quick dispute resolution strategy (mediation or arbitration) and defend/prosecute the … [Read more...]

NJ Non-Compete Law | NJ Non-Compete Lawyer

Under New Jersey non-compete law, an employer can require an employee to sign a covenant not to compete before a worker begins her job or during her employment. Unfair as it sounds, an employee can be fired if she refuses to sign the non-compete even after she spent years on the job. But there are some restrictions on a non-compete agreement. It must be reasonable in time and geographic scope. For … [Read more...]

Can I Get Out of My NJ Non-Compete Agreement? | New Jersey Non- Compete Lawyers

We are frequently asked by clients how they can get out of their non-compete agreements. Our first response is that it would have been much easier if they called us before signing the non-compete, but what is done is done. The options now are the following: (1) negotiate with your employer to reduce or revise the provisions of the non-compete agreement; (2) discuss with your new employer the … [Read more...]

NJ Non-Compete Agreements | Non-Compete Lawyer in NJ

Have you been asked to sign a NJ Non-Compete Agreement? It is essential that you have a New Jersey Employment Lawyer review your non-compete agreement and advise you on the potential impact of the agreement. We have reviewed hundreds of NJ non-compete agreements and have successfully negotiated for our clients to reduce the terms of the non-compete. Please call our NJ Employment Lawyers for a … [Read more...]

NJ Employment Contracts – A Breach by the Company May Nullify Other Provisions

The Third Circuit Court of Appeals recently held that an employer may not be entitled to enforce a non-compete agreement if it violated other terms of the employment agreement.  In Figueroa v. Precision Surgical, Inc., 2011 U.S. LEXIS 7583 (3d Cir. Apr. 12, 2011), the Court held that the employer was not entitled to a preliminary injunction preventing the employee from working for a competitor or … [Read more...]

Supreme Court Rules Class Action Waiver in Arbitration Agreement is Enforceable

On April 27, 2011, the US Supreme Court ruled 5-4 that a class action waiver contained in an arbitration agreement is enforceable.  In AT&T Mobility LLC v. Concepcion, the Supreme Court decided that the Federal Arbitration Act preempts a California law that the class-action ban in an arbitration agreement was unenforceable. Employers can require employees to sign arbitration agreements as a … [Read more...]

Congress Re-Introduces the Arbitration Fairness Act

In response to the Supreme Court's ruling in AT&T Mobility LLC v. Concepcion allowing class-action waivers in arbitration agreements, Congress has re-introduced the Arbitration Fairness Act.  The Arbitration Fairness Act would amend the Federal Arbitration Act and ban any mandatory, pre-dispute arbitration agreements in employment agreements.  Employees could only consent to the mandatory … [Read more...]

NJ Non-Compete Agreements: Can My Employer Make Me Sign a Non-Compete Years After I Started the Job?

Yes.  While most people sign an employment agreement with a non-compete provision at the start of their jobs, an employer can require you to sign a non-compete at any time -- even years later.  The reasoning comes from basic contract law which requires "valuable consideration" (receiving a benefit in exchange for obligations) for any contract.  In employment law, continued employment is the … [Read more...]

Ex-Employee Permitted to Blog About Company Despite Confidentiality Agreement

The Supreme Court of New York recently held that an ex-employee was permitted to write blog entries about his former employer despite signed confidentiality and non-solicitation agreements.  The Court found that the First Amendment of the United States Constitution protected individuals from judicial restraint of speech related to a public concern.  The former employer was required to demonstrate … [Read more...]

NJ Non-Compete Law

New Jersey's non-compete laws generally are enforced by Courts if they are “reasonable” in scope.  A non-compete agreement is generally considered reasonable if it (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.  In the event that the Court determines that the non-compete agreement is not … [Read more...]

Can You Disclose Trade Secrets after Your Non-Compete Expires?

Non-compete and employment agreements typically have restraints from disclosing trade secrets of the company.  The phrase "trade secrets" is usually defined very generally to cover any information that is created by the company, and its employees, that is not readily available to the public.  The non-compete agreement will be limited in time and will expire after a couple of months or years.  The … [Read more...]

I Signed a Non-Compete Agreement and Want to Leave

Did you sign a non-compete agreement with your employer when you started the job and now want to leave the company? You are not alone. Most employees sign non-compete agreements without consulting with an employment attorney. You are bound by the terms of the non-compete agreement, but there are still some options. First, the non-compete agreement may not be legally valid in your state. Second, … [Read more...]

Can I be Fired for Refusing to Sign a Non-Compete?

In New Jersey, you can be fired for refusing to sign a non-compete agreement with your employer.  It is certainly unfair, but it is not illegal.  Absent a union contract or employment contract that prevents the employer from requiring you to sign a non-compete agreement, your employer can legally require that you sign the non-compete agreement in order to keep your job or be hired. New Jersey … [Read more...]

Verbal Employment Contract in New Jersey

Can you have a verbal employment contract or employment agreement with your company?  The answer is yes.  New Jersey is an at-will employment state which means that you can quit your employment at anytime and for any reason.  The company can also terminate your employment at anytime, and for any reason, for cause or for no cause at all.  However, if you were offered an employment contract -- … [Read more...]

Non-Compete Agreement In Sale of Business

New Jersey courts will only enforce a covenant not to compete (non-compete agreement) in an employment contract if it is reasonable under the Solari/Whitmyer test.  A non-compete agreement or restrictive covenant is reasonable under that test if it: (1) protects legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.  … [Read more...]

Non-Compete Agreements in New Jersey are Construed Very Narrowly

Non-Compete Agreements must state specifically the type of competition that the employee is prohibited from doing during the non-compete period.  In KVL Audio Visual Services v. Hackworth (NJ Appellate Division, January 15, 2010), involved a non-compete clause prohibiting the employees from “accepting employment by or rendering services to any other business competing with [Employer] within a … [Read more...]

Review Your Employment Documents Before Signing

You should not sign any document before you have read and understood what you are signing.  Many of our employment law clients have signed non-compete agreements, non-solicitation agreements and confidentiality agreements and are unaware of the restrictions of the agreements.  Also, many times the company maintains the only copy of the non-compete agreement, non-solicitation agreement and … [Read more...]

AOL Severance Agreements

AOL Inc. on Monday started laying off employees and said it would close some European offices, after failing to reach its goal of cutting about a third of its staff through a voluntary buyout program. About 1,100 employees accepted the buyout package, offered in December and aimed at cutting some 2,300 jobs. Volunteers received three to nine months' pay and other benefits, depending on rank, … [Read more...]