QUESTION
covenant not to compete clause in my employment agreement.
Asked on Mar 26th, 2021 on Labor and Employment - New York
More details to this question:
I was laid of and am looking for a new job. Because of the specific nature of my job, many potential employers can be considered as the competitors of my previous employer. Since I left the company due to lay of and not voluntarily, do I still need the consent of my previous employer to work for its competitor?
1 ANSWER
Maybe. Each noncompetition agreement is unique. Although New York will not restrict an employee's ability to earn a living it will protect the legitimate business interests of an enterprise as well. Balancing tests are applied. Economic realities are considered. Is an employee unfairly using information which it acquired from a prior employer to harm the prior employer or the help the new employer unfairly? There is no absolute answer. The language of the restriction must be analyzed and followed.
Answered on Mar 31st, 2021 at 7:28 AM