New York & Connecticut Employment Law Attorneys
The Boyd Law Group provides counseling, negotiation and litigation services relating to non-compete, non-solicit, and non-disclosure agreements (commonly referred to collectively as restrictive covenants or NDAs). Many times employees are not clear on the restrictions placed upon their ability to leave their job and to find a new job. A prospective employer may ask you questions if you have a non-compete, what its terms are and how soon you can start work.
All of these are delicate questions that require legal analysis if you have signed or are being asked to sing a non-compete agreement. If a non-compete agreement is signed without thorough review by an experienced lawyer, it could significantly impact your future ability to continue on the same career partner on the same industry. Contact BLG and one of our employment law attorneys will review your non-compete agreement, determine its enforceability and negotiate any appropriate revisions.
What is a Non-Compete Agreement
A non-compete agreement is a promise made in a written agreement between the employer and employee in which the employee agrees not to complete with the employer's business, sometimes including contacting clients, for a specified period of time and within a specified geographic area during and following the termination of employment. The law with respect to such provisions is very fact specific, and the provisions of such agreements are often the subject of negotiation and litigation.
States vary, sometimes substantially when it comes to the rules for enforcing non-compete, no -solicit and related agreements. On July 9, 2021, recognizing the impact such agreements were having on the economy and worker transitions, President Biden signed an Executive Order that provided, “the Chair of the FTC [Federal Trade Commission] is encouraged to consider working with the rest of the Commission to exercise the FTC's statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” On its own, this Executive Order does not prohibit non-compete agreements, but it does further call into question the future of non competes and their enforcement. This area of law has been changing, and may continue to change rapidly.
How Can The Boyd Law Group Help You With Your Non-Compete Agreement
You may find a non-compete or non-solicit in your offer letter and need negotiation assistance as a result. You may discover, for the first time when you want to make a job move, that there is a non-compete impacting your ability to move or keep a quality client with you on the move. A non-compete could be attached to your stock award and impact vesting of your equity. In any event, non-compete and related documents make smooth job transitions more challenging, but we are here to help.
To have your non-compete or non-solicit agreement and other employment related documents reviewed please contact one of the employment law attorneys at (800) 481-1467 or fill out our online Contact Us form.