Question:

Hi Jennifer, 

I heard non compete agreements are no longer enforceable.  Is that correct? 

Thanks in advance.   
Dr. H

Answer: 

Fake news.   There was so much press last year about non competes and the actions taken by the FTC, however, the nationwide prohibition on non-competes was completely tossed out and in each state the law of that specific land, state by state, is what we are governed by.   Each state has its own rules.  For New York, a non compete will be upheld when it is viewed as reasonable in scope and duration, as necessary to protect legitimate business interests.    In Massachusetts, for instance, there are limits on employment non competes to 1 year.   

Bottom line: non competes need to be addressed on the way in, when you perhaps have some leverage.  If you are bound, you may be able to negotiate your way out later, but not necessarily....    Hope this helps.  Call with specific questions. 


Have a question for Jennifer?  Email is best.  You can reach her at Jennifer@Kirschenbaumesq.com.  
 
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