Non-Compete & Non-Solicitation Agreements

What is a Non-Competition or Non-Solicitation Agreement?

A Non-Compete Agreement is a type of employment contract that prohibits the employee from working for a competitor for a particular period of time after the employees leaves their current employment. These agreements are designed to protect the employer from losing customers and clients to a competitor. However, they can limit an employee’s ability to find another job.  Similarly, a Non-Solicitation Agreement prohibits a former employee from contacting clients of his or her prior company in an attempt to lure their business elsewhere.  It could also prohibit an employee from soliciting former co-workers to work for a competitor.

Usually an employee is asked to sign a Non-Competition or Non-Solicitation Agreement before beginning employment with a company.  However, sometimes they can be given to the employee after the employee has already been hired. 

If you have been given a Non-Competition Agreement by a potential or existing employer, it is important for you to consult with an experienced employment attorney to review it with you so that you understand its requirements and your potential limits after employment with the company ends.  We may be able to work with the employer to modify some of the terms of the agreement regarding length and region before you sign it.  Also, if you are leaving a company, but have already signed a non-competition agreement, we can explain your restrictions. Also, if your former employer has notified you that it believes you have breached the terms of a non-competition agreement, we can provide you with legal assistance. 

Similarly, if you are an employer and would like to protect your business by having your employees sign such an agreement(s), we can instruct you as to the proper scope of the agreement and help you craft an agreement that will be enforceable in court in the event it is later challenged by a former employee. 

To schedule an appointment with one of our employment law attorneys, please feel free to either call us at (908) 735-5161 or contact us by e-mail.  Our firm serves clients throughout central and northwestern New Jersey.