Answers Posted By Joseph Heppt

Answer to validity of non-compete when employer initiates termination

Non-Competes in NY

New York courts look with disfavor upon noncompetition agreements. There is a litany of restrictions placed upon them in order for them to be enforceable. Based on the facts that you have provided, the enforceability of your noncompete is questionable. Naturally, the precise wording of the contract ultimately will be determinative.

I would be happy to discuss this with you further. You can contact me at (212) 973-0839.

posted Oct 5, 2001 08:50 AM [EST]

Answer to Laid off because job was "eliminated", yet company is still hiring for the position

New York lay-off

Generally, in New York, an employer can terminate an employee for any reason or no reason at all. This general rule, however, assumes that there was no employment agreement between the employer and the employee and that the decision to terminate was not made for any discriminatory reason. Thus, whether an employee who has been laid off has any claim against their former employer depends upon the specific circumstances. I would be happy to discuss this with you further. You can reach me at jmheppt@earthlink.net to set up an appointment.

posted Apr 2, 2001 10:59 AM [EST]
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