Is my 1 year non-compete enforceable

I work for a staffing agency and have a non-compete that says I’m restricted from working in the US in competition with my current employer for a period of 12 months. I’m based in New York and in all of my time working for the company I have only really done business in NY and NJ. I’m planning to start my own company doing the same thing so was wondering if my non-compete is first of all enforceable and secondly if I was to do business in other states if I’d have any issues in doing so? I recognize that I can’t work with my existing clients straight away however the broadness and length of the non-compete seems unenforceable.

1 answer  |  asked Dec 3, 2017 9:21 PM [EST]  |  applies to New York

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Answers (1)

V Jonas Urba
Staffing agency huh?

Let's say you recruit rocket scientists since we do not know who you recruit. If that were true your non-compete against recruiting them could potentially cover the globe, especially if expertise was in alternative energy sources, etc...

Until an employment lawyer reviews your particular job description, employment agreement, possibly contracts, list of clients, education, background, and training, history, etc... no one can answer your question.

Call some lawyers and schedule a conference. Public policy is generally against restricting a livelihood but there are plenty of situations where employers will fight to keep a territory they have invested time and money, especially if it's a profitable one since you apparently want to stay in it.

posted by V Jonas Urba  |  Dec 4, 2017 1:27 PM [EST]

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