Non-Compete Agreement Attorney in NYC

Understanding Non-Compete Agreements in New York City

It is common practice for many employees to sign a non-compete agreement upon their hiring. However, many wonder how legally binding these documents are and how employees can fight them if they are too restrictive for future employment opportunities. The New York City employment attorneys at Brown Kwon & Lam explain.

Learn more about how our New York non-compete lawyer can help you by contacting us online or calling (212) 295-5828 today!

What is a Non-Compete Agreement and How Does It Work?

A non-competition agreement prohibits an employee from working for a competitor or opening a competing business for a certain period of time after an employee leaves a job. A non-compete can be a stand-alone document or be included in the employment contract.

Are Non-Compete Agreements Enforceable in New York City?

New York State permits non-compete agreements to a degree. In order for the non-compete to be valid, it must:

• Be necessary to protect the employer’s legitimate interests;
• Not impose an undue hardship on the employee;
• Not harm the public; and
• Be reasonable in the time period and geographic scope.

In general, an employer’s legitimate business interests may include protecting confidential information such as trade secrets and preventing an employee from taking company-specific knowledge to a direct competitor.

However, the non-compete must not be so restrictive that an employee can never find new employment. To test the enforceability of an agreement, the court will review the employee’s job duties, the company’s business interests, and the language of the agreement to ensure it is not completely restrictive.

However, if only parts of the agreement are too restrictive, the court will only enforce parts of the non-compete agreement. In general, if the agreement has flaws or is unreasonable, the court may invalidate the entire document.

Do I Have to Sign a Non-Compete Agreement in New York City?

There is no law saying you have to sign a New York City non-compete agreement. However, if you do not sign, the employer may terminate you or choose not to hire you if you refuse to sign the document.

Unfortunately, your employer can legally terminate your employment or rescind their employment offer if you don’t sign the agreement. Not every example is cause for a wrongful termination or discrimination case. It will come down to the reasonableness of the agreement and the terms and conditions outlined in the employment position.

What If My Employer Requests a Non-Compete Agreement After Employment Begins?

If you have been working for a company and then suddenly your employer asks you to sign a non-compete agreement, this is completely legal. But it may not be legal for your employer to take adverse employment action against you depending on the facts of your case and the terms of the non-compete.

You’ll need a New York City contract and non-compete attorney to review the circumstances.

Key Considerations Before Signing a Non-Compete Agreement

Prior to starting a new job, there are a few things you should ask your new employer before signing anything. 

These items include:

• Can you negotiate the terms if something seems unfair?
• What businesses are considered competitors?
• How long does the non-compete last once you leave?
• What geographic area or regions does it cover?
• Will your company compensate you for signing the non-compete?
• Can you have a lawyer review the language?

Remember, this contract can dictate your future. Don’t sign it and forget. To protect yourself now and in the future, take the time to review the terms of the non-compete agreement. If you have questions surrounding the validity of a non-compete agreement you have already signed, the employment attorneys at Brown Kwon & Lam can review your employment contract and determine your legal rights.

How Brown Kwon & Lam Can Help With Your Non-Compete Agreement

Many people only look closely at their non-compete agreement when they are about to change jobs or are already facing a threat from a former employer. At that point, having a clear, step-by-step plan can make a real difference in your options. At Brown Kwon & Lam, we will take time to learn about your role, your goals, and the pressures you may be facing from your current or former employer in New York City, Long Island, Westchester County, or New Jersey. That detailed understanding allows us to give guidance that reflects both the contract language and the realities of your workplace.

When you come to us with a non-compete concern, we typically start by reviewing every relevant document, including your offer letter, employment contract, and any later amendments or policy changes. We then discuss how the restrictions might affect your next opportunity, what leverage you may have to negotiate changes, and what risks you face if a dispute escalates. Because we have represented both employees and employers, we can explain how your current or former employer is likely to view the situation and what strategies they may use to enforce the agreement. Throughout the process, we stay in close contact, answer your questions in plain language, and help you decide whether to seek a negotiated resolution, prepare for litigation, or pursue another path that aligns with your long-term career plans.

Get the help you need from an experienced New York City non-compete agreement lawyer. Fill out our online form without delay.

Frequently Asked Questions

Can my employer enforce a non-compete if I am laid off?

A non-compete agreement does not automatically become invalid because you were laid off or terminated without cause. However, New York courts may look more closely at whether it is fair to restrict your ability to work when you did not choose to leave the job. The specific contract terms, your access to confidential information, and the circumstances of your separation will all factor into whether a court is likely to enforce the restriction.

What should I do if a potential employer asks about my non-compete?

If you are interviewing for a new position and know you have a signed non-compete, it is usually better to address it early rather than wait until an offer is on the table. You can briefly explain the type of restriction you signed and how long it lasts, then discuss why you believe the new role would not violate it. Before those conversations, reviewing the agreement with an attorney can help you avoid statements that might later be used against you if a dispute arises.

Can I negotiate a non-compete that I have already signed?

In some situations, an employer may be open to revisiting a non-compete even after it has been signed, especially if your role, responsibilities, or compensation are changing. Employers in New York sometimes agree to narrow the scope, shorten the duration, or clarify ambiguous language so that both sides have more certainty. Whether that is realistic in your situation depends on your relationship with the employer, your leverage, and how important the restriction is to their business. Discussing these factors with legal counsel can help you decide whether asking for changes is worth the risk.

Get Legal Help with Non-Compete Agreements in New York City

New York non-compete agreements can be complicated and can greatly impact your future employment. If you have concerns about your non-compete agreement in New York State, contact the employment contract attorneys at Brown Kwon & Lam. We will review the terms and protect your rights.

Contact us by calling (212) 295-5828 today for a free consultation with an experienced New York City non-compete agreement lawyer.