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non-compete agreement when competing business is small part of large org. New York Ne

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  • non-compete agreement when competing business is small part of large org. New York Ne

    I signed a non-compete agreement for my current job. I have an offer from a company which has a product which can be viewed to compete with my current company's product (though they are hardly the same). However, this is a large company and the product I will be working on has nothing common with my current company's product. Can the non-compete agreement still prevent me from joining the new employer? This is in state of New York.

  • #2
    You'll need to take the noncompete to an employment or contract attorney in your state for review & advice.
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    • #3
      Originally posted by Betty3 View Post
      You'll need to take the noncompete to an employment or contract attorney in your state for review & advice.
      In lieu of going to an attorney, you have the option of seeking advisement from the larger companies in house counsel. Regardless and attorney needs to interpret this.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        Originally posted by mccoycindy4 View Post
        I signed a non-compete agreement for my current job. I have an offer from a company which has a product which can be viewed to compete with my current company's product (though they are hardly the same). However, this is a large company and the product I will be working on has nothing common with my current company's product. Can the non-compete agreement still prevent me from joining the new employer? This is in state of New York.
        It is highly unlikely that a non-complete could prevent you from taking a job with another employer working on a different product just because the new employer has a product that could be seen as competition with that of your current employer. That is really a stretch. If the non-compete is written so broadly that it appears to cover this, it is probably unenforceable. -- It actually may not even be a violation for you to work on the product that "can be viewed" as being competition. "can be viewed" is an incredibly weak standard.

        And, if your then previous employer was to bring charges against you alleging a violation of the non-compete, the burden of proof is on them to establish the violation. They can not just file a suit saying "we think he's in violation of the non-compete" and require you to tell everything about your new job so they can see if there is a violation.
        Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

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