noncompete legal?

I recently went for a job interview and got the job, with another company that offers me 1 1/2x the salary that my current employer pays me. My current boss threatened me with saying he will take legal actionm if i left due to the non compete contract i signed.

The non compete is for 18months and i was told to sign it after i was working for my company for 8 months or i would be terminated. At the time i had to because my mother was very sick. i explained to him my position and he still was not helpful toward me, but offering me a little more money which i had no choice but to accept, due to the fact that this business is all i know after being in it for 4 years. Is this non compete legal?

Please help.

1 answer  |  asked Jan 5, 2003 09:33 AM [EST]  |  applies to New York

Answers (1)

Wayne N. Outten
Non-compete Agreements

Because the law values free mobility of employees and free (but fair)
competition, non-competition agreements are looked on by the courts with
disfavor in every jurisdiction and are prohibited or limited by state
statute in several states. The reasoning behind the courts' disfavor of
these types of restrictive covenants include a desire not to interfere with
an individual's ability to earn a livelihood; their conflict with
notions of a free economy; and a desire not to give undue protection to
an employer who merely happened to be the first to establish a business of
that kind in that area.

A more in-depth interview to discuss the particulars of your case would be necessary to determine if you are at risk in the non-competition agreement.

Our firm has extensive experience with non-competition agreements and can offer services of this type on an hourly fee basis or, perhaps, through a contingency fee arrangement. If you are interested in retaining our firm, please telephone us at 212-245-1000 and ask to speak to our intake personnel.

posted by Wayne N. Outten  |  Jan 6, 2003 1:43 PM [EST]

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