Question:

Hi Jennifer,

I'm interested in taking a new position, but it is within my non compete radius in NY.  Is my employment agreement non compete still enforceable?  I've been seeing a lot of information saying non competes are illegal. 

Thanks, Dr. J

Answer: 

It's true, legislation is floating around waiting for signature that will outlaw certain NY employment based non competes on a go-forward basis.  To date, the passed bill has not been signed into law, and if signed, will likely not impact contracts in place prior to the effective date.  Sounds like you will have to navigate your existing restriction as enforceable.  Perhaps consider seeking a carve out for the opportunity or waiver in the entirety.   Happy to assist.