Get legal help before signing a non-compete agreement
Get legal help before signing a non-compete agreement
Getting a new job in a field of your interest, and with a good remuneration, sure feels like a good omen. In such a situation, many don't even pay any attention to what the non-compete agreement states. The present seems much more important than the future, and these agreements are, after all, part of the future arrangement only.
The reality is quite different from your thoughts signing a non-compete agreement requires careful consideration. Before getting into the details, let's discuss what exactly does such an agreement imply. Most New Jersey employers require their employees to sign an agreement that prevents them from doing certain things like
Working with a competitor (for a certain period)
Revealing confidential information
Disclosing trade secrets
Setting up a competitive business
Seeking business from the same clients
Why do you need to get a labor attorney to review the agreement? The answer is simple to avoid later hassles. Only a competent legal professional could assess whether the clauses in the agreement are reasonable or not. They could also help you understand how these clauses affect your future prospects as an employee.
How can the agreement affect your future? Suppose you leave your present job and go for a better one. If the agreement you signed earlier restricts you from joining a competitor, you may not be able to get work in the field you know of and therefore, jeopardize your career.
What happens if you refuse to sign such an agreement? As per New Jersey laws, your prospective employer can take back the job offer if you do not sign.
Are the restrictions on the agreement effective permanently? Usually, the clauses are applicable on employees for a certain number of years.
What happens if you ignore such an agreement later? New Jersey courts can enforce the agreement clause if the clauses are reasonable.
When is it reasonable? The court may consider a non-compete agreement reasonable if:
1) It is necessary to protect the legitimate interest of the employer
2) It is not too jeopardizing for the employee's career
3) It is not against public policy
Get in touch with a New Jersey labor attorney before you sign a non-compete agreement. This can help prevent later hassles. Even if your ex-employer tries to jeopardize your career because of such an agreement, you need a legal representative as well. Only legal knowledge can help in the proper interpretation of the agreement.
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