Your employer cannot enforce an agreement that he himself has violated. Your non-compete clause is probably part of your employment contract. It may take months or years for the court to make a final decision on whether the non-competitive agreement signed by the worker is effectively enforceable or not. This is Bill360 transaction treaty. Under the non-competition agreement, all journalists and newsrooms were prohibited from working for one year at another of the nation`s news agencies. The practical effect of agreements like this is to capture employees within a company. If they leave, they will be excluded from their field. This is a bad thing for the workers who are bound by these agreements and for the economy, because it prevents the free movement of labour within the industry. It is well established that the New York courts will not apply a non-compete agreement if the former employee has been dismissed without cause. Indeed, an essential aspect of the enforceable restrictions on a worker`s ability to change jobs is the employer`s persistent willingness to employ the party that says it is prepared not to compete. This reasoning is based in particular on the unfairness of a scenario in which a worker against whom the non-competition agreement is to be applied did not result in dismissal. In this case, it is best to consult a New York lawyer who does not have a competition agreement to see what options you have.
According to the Attorney General, “except that a person has very unique skills or access to trade secrets, there is no place in a worker`s employment contract.” In New York, the courts will apply only a non-competition agreement, geographically appropriate and timely and necessary to protect a legitimate interest. In addition, the employer may claim any actual damages or losses resulting from the breach of the non-competition agreement by the employee. This could include customer loss of earnings, loss of confidential employer information and other similar losses.