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View Full Version : Is my non-compete enforceable? New York


mayach
02-28-2007, 01:37 PM
I currently work for financial software vendor XYZ Company that is incorporated in MA. I am a senior consultant covering the NY, NJ, and CT areas for them as a NY resident.

4 months ago, I was assigned to a NY client, ABC hedge fund, and about a week ago they decided to offer me a position as a CTO (Chief Technology Officer).

I have a non-compete that I signed when I joined XYZ company that states that I may not work for a client, competitor, or partner for 2 years.

ABC hedge fund signed a software contract that states that the client may not hire a XYZ Company employee for 1 year.

Is the non-compete enforceable?

Outside of having ABC hedge fund pay an absurd fee (six figure lump sum payment per XYZ Company's request) to not have XYZ Company sue ABC Hedge Fund or myself, what other reasonable course of action is available?

Many thanks in advance...

Cheers

cbg
02-28-2007, 01:41 PM
You will have to have the document reviewed by an attorney in your state. The devil is in the details and we cannot comment on the enforceability of an agreement we have not read.

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