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Non Compete Clause New Jersey

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  • Non Compete Clause New Jersey

    I have been working for a company for 5 years. It is a national company. Last year there was were two employees that left and started their own company to compete with the company I work for. About 2 months after this happened everyone got a "noncompete clause" which pretty much says that I can not work for a past, present or future client or competitor for 18 months. Is that legal? It was presented that if we did not sign it we would be terminated. Is that legal? I am asking because I signed it at the time because I did not want to lose my job. Now I have a greater oppertunity- unsolisited by me to work for a competitor. Is the noncompete really enforceable?
    Last edited by wishingforthebest; 11-10-2007, 10:06 AM.

  • #2
    Originally posted by wishingforthebest View Post
    Is the noncompete really enforceable?
    Some states don't allow them at all. Others have severe restrictions on what is allowed and what is prohibited. In some of those states, one bad clause in the document tosses the whole thing out while judges in some other states will simply blue line the offending clause and leave the rest of it intact.

    You need to show the document to an attorney experienced in these matters in your state.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      I would have a field day with such a clause since it was brought through coercive measures.
      Herbert J. Tan, Esq.
      www.employmentlawfirms.com/tanhj

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      • #4
        Laborlitigator, please delete the addresses and phone numbers from your signature. The name of the firm and the link to the website are fine.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          All contracts, including a non compete contract, must have give and get on both sides to be valid.

          Your company "got" but you received nothing for it - at least according to your post.

          Were you given any type of a bonus or day off or a free lunch or ANYTHING for signing the non-compete?
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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          • #6
            Originally posted by cyjeff View Post
            All contracts, including a non compete contract, must have give and get on both sides to be valid.

            Your company "got" but you received nothing for it - at least according to your post.

            Were you given any type of a bonus or day off or a free lunch or ANYTHING for signing the non-compete?

            Continued employment?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post
              Continued employment?
              I know that sounds like enough, but when only one party benefits from a contract, that contract becomes suspect.

              I have had a crash course in this recently... LOL
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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              • #8
                Originally posted by cyjeff View Post
                I have had a crash course in this recently... LOL
                I'm not gonna ask.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  New Jersey - Noncompete agreements will be enforced if they are reasonable under all circumstances. A determination of what constitutes "reasonableness" generally requires an analysis of whether the noncompete (1) protects the legitimate interests of the employer; (2) imposes an undue hardship on the employee; and (3) is injurious to the public. The N.J. Supreme Court has ruled that geographic & time restrictions that exceed the boundaries necessary to protect the employer may be modified by a court. N.J. will not enforce non-compete agreements entered into by either an attorney or psychiatrist.

                  OP - you will need to have your non-compete agree. reviewed by an attorney.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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