non-compete extremly vaige

I am a victom of a non-compete contract. My contract is extremely vaige and long. I am trying to find out if the is a standard time constraint of these contracts ie: 1 yr, 2 yr instead of the 5 years disclosed. I am willing to pay for some answers.

I have been struggling with this for 6 months now and am frustrated.

Can I protest this contract?

Thanks for any advise or information you can share.

2 answers  |  asked Nov 13, 2003 3:41 PM [EST]  |  applies to New York

Answers (2)

Steven V. Modica

New York Courts are not particularly fond of enforcing non-compete agreements. They will enforce such agreements, however, when they are designed to prevent an employee who provided "special or unique" services from an unfair competitive advantage. Courts look at many factors including, but not limited to, what (if anything) was given in consideration for the non-compete restriction, the length of the non-compete restriction and the scope of the non-compete restriction. These are just some of the issues that may affect whether a Court enforces a non-compete agreement.

You should consult with a qualified lawyer. You may have more rights than you think.

posted by Steven V. Modica  |  Nov 14, 2003 10:00 AM [EST]
David M. Lira
No Maximum Limit

There is no maximum limit on the duration of a non-compete provision, but New York courts hesitate enforcing most non-compete agreements involving employment. The longer the term of the agreement, the less likely a court will enforce it. You can challenge the validity of an employment agreement with a non-compete provision by bringing a declaratory judgment action.

posted by David M. Lira  |  Nov 14, 2003 09:31 AM [EST]

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