I have worked for my employer over 1 year and now being asked to sign a non compete is this legal?

Private home health care already worked over 1 year have been bullied by owner and other staff and just now being asked to sign non-compete
Is this legal?

1 answer  |  asked Dec 11, 2020 05:38 AM [EST]  |  applies to New York

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Answers (1)

V Jonas Urba
Maybe. Many employees are asked to do so.

Many of these are negotiable. Your employer can require it in order to keep your job but the terms themselves might be unenforceable.

Non-competes must be reasonable as to the time period, geographic, and activity restriction. Overly broad ones might be deemed unenforceable or a court could "blue pencil" or modify it.

The best thing is to ask an employment attorney to review it, to advise you regarding what you might face in the future, and to help you determine whether it is worth negotiating or debating with your employer or whether you can live with its terms.

I have seen physicians, specialists, who signed such documents 30 years ago, never gave it a second thought, and now they want to resign but might have to move a long distance if they wish to continue to practice because of their highly specialized work and because they have developed relationships with professionals in the field across half the country.

It all depends on exactly what you do, exactly what you might want to do in the future, and precisely how the non-compete is drafted. I have seen excellent language from independent lawyers and very poor language drafted but some fairly large law firms.

Bottom line is that it depends. But if you want to keep your job you will likely have to sign something. Just don't sign anything without first getting legal advice which you can do from hundreds of miles away and for flat rates nowadays!

posted by V Jonas Urba  |  Dec 11, 2020 07:44 AM [EST]

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