Non complete agreement signed in China

I agree with Ms. Pastor regarding her discussion of the law. Furthermore, agreements which are in restraint of competition are, generally speaking, against public policy. See, AntiTrust laws. Consult with a lawyer for specific review of you NC.

Mike Diederich, Jr.
Diederich Law Office
Stony Point, NY 10980
(845) 942-0795
help@diederichlaw.com

posted by Michael D. Diederich  |  Sep 15, 2010 05:47 AM [EST]

Based solely on the information you have provided, it is highly doubtful the covenant is enforceable in New York. In New York courts, non-compete agreements are enforceable only if reasonable in scope. Factors considered in determining whether the agreement is reasonable include but are not limited to the geographic area of your new employment as compared with the area covered by your former employment, and the length of time you will be restricted.

Six months is generally considered reasonable. However, there is obviously a serious question regarding the geographic scope of this agreement. Of course, only a review of the agreement can determine whether it is enforceable.

If you would like to make an appointment to have the agreement reviewed, feel free to contact my office.

Patricia M. Pastor
Law Office of Patricia M. Pastor, PLLC
631-988-4047

posted by Patricia Pastor  |  Sep 14, 2010 7:07 PM [EST]