QUESTION

Non Compete Agreement Question

Asked on Oct 23rd, 2014 on Employment Contracts - New Jersey
More details to this question:
I work for an engineering consulting firm in NJ headquarter St.Louis, MO. I got hired from previous employer which was also an engineering consulting firm. I signed a non -compete agreement. My old employer is located in NJ. Now, my old employer is calling me to re-join them and work for a client which is not a client of my current employer. The geographic area mentioned in the contract is whole USA, Canada and other North America regions. Please see the exact text in contract. My employer never returned me the copy of duly signed contract. Please see below for the exact text. Is it enforceable? Employee shall not, during employment with BWD and for two (2) years after Employee's termination of employment or resignation (herinafter "termination") compete with BWD in geographic areas where BWD does business and Employee has had contact with any of BWD's customers within two years of Employees termination or resignation. To "compete" means (i) to directly or indirectly establish or aid in establishing, or have effective control over any business competitive with any subsidiary, division, affiliate, acquisition, business or venture of BWD for whom employee worked; or (ii) to become associated with or render services as an employee, independent contractor, consultant or otherwise, to any person, firm, corporation or other entity engaged in any business competitive with any subsidiary, division, affiliate, acquisition, business or venture of BWD's for whom Employee worked
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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we have just successfully completed a similar case for an employee. we only represent employees. NJ does not favor 'non-compete' clauses. there has to be 'special circumstances' regarding the employment which would support the enforcement of the 'non-compete'. the 'circumstances' are fact specific and will be judged on a case-by-case basis. we would study the 'circumstances' with regard to the contract and advise you accordingly. ed dimon, esq. 732-797-1600 ext 235
Answered on Oct 24th, 2014 at 9:48 AM

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