If you have been accused of a non-compete clause violation, you may be feeling scared and overwhelmed. This can be a costly accusation if you don’t handle it properly.
Non-Compete Clause Violation | Practice Area
One area of our practice that has picked up immensely in the past five or six years involves litigating issues regarding non-competing agreements. You’ll know if you have a non-compete agreement. Some people will say, “Well, the employer says I have to agree not to work in this area for six or eight months after I quit, or I’m fired.” The employer can’t say that unless they have it in writing – and the agreement is signed by you. Commonly referred to as a non-compete agreement, these documents usually include confidentiality and proprietary protections as well. New York State currently frowns upon non-compete agreements, but a signed non-compete agreement is a contract, and under certain circumstances, it is an enforceable one.
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Non-Compete Clause Violation | Employment Issues
Litigation in these cases can be intense because, oftentimes, an employee who leaves one place of employment to go – and I use the expression, jump – to another employer is a valuable employee. He or she might have a book of business if they’re in sales, and the employer they left is not happy about that – especially if they have a legitimately signed non-compete agreement for which they paid appropriate consideration.
Non-Compete Clause Violation | Litigation
What do I mean by that? When it comes to litigation, non-compete agreements are factually intensive matters. A unique employee may have access to specific confidential proprietary information, been with a company for a while, and received money to sign the non-compete agreement. Generally speaking, if that person jumps – especially if they affect market share – the employer will come after them. Not all non-compete agreements are enforceable. In fact, many are not.
If you need legal representation for a non-compete clause violation, please call our Hamburg lawyers today for a free confidential case evaluation.