What are the legitimate business reasons for an employer to apply a non-competition clause? But a Minnesota court recently ruled that a former employee violated her no-pocher agreement by posting updates on LinkedIn that outline her new employer`s affairs and invite their connections to contact her for an offer. The court described the posts as “blatant sales discussions” aimed at “tricking members of their network into seizing them to make sales for their new employer.” To understand why your employer would want you to sign one, read this article: Competition Bans: Create an agreement that you can enforce. Patrick Causey is a commercial litigation attorney at Trenam Law`s St. Petersburg, Florida office, whose business includes infringements, non-compete clauses and debauchery bans. In addition, the employer can assert any actual damages or losses it alleges because the worker was eliminated in breach of the obligation not to compete, which could include loss of revenue from customers, loss of secret employer information, and other similar losses. Maya Murphy, P.C.`s lawyers are experienced and knowledgeable labour and corporate law practitioners and support clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport and elsewhere in Fairfield County. If you have any questions regarding your non-compete clause or would like to discuss any element of your employment contract, please contact Joseph C. Maya, Esq by phone. (203) 221-3100 or by e-mail to JMaya@Mayalaw.com. The best thing would be to have no non-competition clause at all.
Otherwise, you should try to limit it as much as possible in geographical scope and duration. Narrowly limit it to the area where the employer really cares about you – not the whole industry or industry. For example, you might wonder that the limitation to the clothing retail trade is to work in a clothing store, unlike retail in general, which would cover a very wide range of possible jobs that really have nothing to do with it. The aim is to limit the agreement to what is necessary to protect the employer. You should also consider applying for severance pay in the event of involuntary dismissal. If you are not sure what the non-competition clause means, do not be ashamed of it; They are often formulated in confusing terms. Consult a lawyer. While an employer can`t force you to sign a non-compete clause, in the state of New Jersey, it`s legal to ask you to do so to work for the company. An employer may make a job offer conditional on you singing such an agreement when you are hired; It may also be threatened with ending your current employment relationship if you do not sign (provided you are an employee in love, the most common employment relationship).  Unfortunately, New Jersey courts have held that while New Jersey protects employees from retaliation for opposing or refusing to participate in any activity, policy or practice that they reasonably believe is contrary to public policy, but does not protect a worker who refuses to sign a non-compete clause.  Despite the assertions of the staff intermediary, the above statement is clearly a non-competition clause.
It is clearly displayed by the fact that it is not applied to California residents where they are illegal….