Hi all- In my companies contract, they have all employees sign a non compete (nationwide) and also require 4 week notice of resignation. They recently put us all on unpaid leave, with the possibility of not having a position to come back to. We just recei
Hi all- In my companies contract, they have all employees sign a non compete (nationwide) and also require 4 week notice of resignation. They recently put us all on unpaid leave, with the possibility of not having a position to come back to. We just received an email stating that we are still bound by our non competes and have to let them know before we can take other employment. Is this legal? Also, is a nationwide non compete even enforceable? Thanks!
1 answer | asked Apr 20, 2020 1:28 PM [EST] | applies to New York
Answers (1)
Non-competes are generally frowned upon in New York. However, the employee choice doctrine can convert an otherwise unenforceable agreement into a fully enforceable one.
Employees sometimes accept money in exchange for agreeing to terms which would otherwise be unenforceable. Be careful.
Employees who quit sometimes are treated less well than those who are fired; especially without cause.
All of the facts must be evaluated by an employment lawyer before you can rely on any opinion. Call some today.
Some agreements specify that the language is confidential and that advance notice to them is necessary but whether that's enforceable depends on the law which is applied. Some are governed by other states' laws by agreement and sometimes the chosen law may not be adopted by the state in which you work. You really should have an employment lawyer review your agreement.
posted by V Jonas Urba | Apr 20, 2020 2:48 PM [EST]
Employees sometimes accept money in exchange for agreeing to terms which would otherwise be unenforceable. Be careful.
Employees who quit sometimes are treated less well than those who are fired; especially without cause.
All of the facts must be evaluated by an employment lawyer before you can rely on any opinion. Call some today.
Some agreements specify that the language is confidential and that advance notice to them is necessary but whether that's enforceable depends on the law which is applied. Some are governed by other states' laws by agreement and sometimes the chosen law may not be adopted by the state in which you work. You really should have an employment lawyer review your agreement.
posted by V Jonas Urba | Apr 20, 2020 2:48 PM [EST]
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