Save the email response, as it could be used as evidence if you ever have to challenge your non-compete clause based on these promises. If the signing of a non-competition clause makes you experience unreasonable harshness, the non-competition clause may not be applicable. First, a bit of background on New York`s competition bans. If you are not in this category, you should not be subject to a non-competition clause and your employer could be sued for attempting to limit your ability to change employers. In Texas, for example, a non-compete clause can only be enforced if it meets two other criteria: a non-competition clause must be the best and narrowest way to protect the employer`s interests. In general, there are two categories of potentially protectable legitimate business interests that support the maintenance of a non-compete obligation: For a non-compete obligation to be enforceable, an employer must demonstrate that compliance with the contract furthers its commercial interests. If an employee`s departure for another job is not in conflict or competition with the company and does not compromise trade secrets or goodwill, the company will have a hard time justifying legal action against you. A non-compete obligation is a clause generally inserted in an employment or separation agreement that prohibits a person from working for a certain period of time for a competitor of his employer. If your employer is not willing to hire you, the courts will generally not enforce a non-compete obligation. It`s almost a black law in New York, so if you`ve been fired for no reason, your non-compete clause doesn`t apply. Although many companies recognise the need for a non-competition clause in order to protect their trade secrets or confidential information, it becomes difficult to defend their argument when this information consists of publicly available lists of buyers or widely used ingredients or techniques.
As a result, these agreements limit employees at all levels. These agreements were once limited to senior executives who had access to the company`s trade secrets or who developed unique skills while working in the company. Show that your new job would not violate the specific terms of the non-compete clause. Many contracts contain a provision called a “non-compete obligation” or “restrictive agreement”. Maybe you ignored it when you started your work, but if you decide it`s time to look for another gig, non-competition can limit your options. .