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

By Thomas McKinney

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 competing with the employer because it misclassified the employee as an independent contractor.  Based on this ruling, an employee may be able to argue that certain restraints set forth in an employment agreement may be invalidated if the employer violated e law or other terms of the agreement.
May 25, 2011 – Castronovo & McKinney – Tom McKinney

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.