Fillable Form New York Non-Compete Agreement

What is a New York Non-Compete Agreement?

A New York Non-Compete Agreement prohibits an employee from working for a competitor or opening a competing business, typically for a certain period of time after an employee leaves a job.

A New York Non-Compete Agreement Form may be one section of an employment contract or a stand-alone document that an employee signs before or after employment begins.

A Non-Compete Agreement New York is only allowed and enforceable to the extent:

• It is necessary to protect the employer’s legitimate interests.
• It does not impose an undue hardship on the employee.
• It does not harm the public.
• It is reasonable in the time period and geographic scope.

An employer’s legitimate interest may include protecting an employer’s trade secrets and confidential information and preventing employees from bringing specialized skills learned on the job to a competitor. The restrictions in a non-compete agreement must be no more than necessary to preserve the employer’s legitimate interests.

To determine if a Non-Compete Agreement New York State is enforceable, courts consider an employee’s job duties, the employer’s business interest, and the language of the agreement. A court will not enforce a non-compete unless it determines the non-compete meets the aforementioned criteria.

Even if other provisions of the agreement, such as the length of time or geographic scope, are found to be unreasonable, a court may order an employee to comply with specific parts of a non-compete agreement. Generally, upon finding portions of a non-compete unreasonable, a court may invalidate the agreement entirely or may enforce the agreement for a shorter period of time or in a smaller area.

Before signing a Non-Compete Agreement Template New York consider the following questions:

• What businesses are considered competitors? If the definition of a competitor is excessively wide or precludes you from working in an entire sector or business, a non-compete may not be enforceable.
• How long does the non-compete period last? Non-competes should have a time limit. A non-compete agreement usually lasts from six months to two years.
• What geographic area does it cover? Is the geographic scope so broad that you’ll have to relocate to work for another company in the industry?
• Are you getting anything in exchange for signing the non-compete? In exchange for signing a non-compete agreement, some businesses offer a bonus or specialized training, guarantee employment for a specified amount of time, or pay for a portion or all of the non-compete period.
• Can you have a lawyer review the language and advise you on its potential consequences or negotiate with the employer on your behalf?

If you have signed a Non-Compete Agreement New York State Template and are considering quitting your job, think about whether your new position might violate the conditions of your agreement. If you’re unsure, seek legal assistance.

How to fill out a New York Non-Compete Agreement?

Using PDFRun, you can electronically fill out and download a PDF copy of a New York Non-Compete Agreement PDF in minutes. Fill it out by following the instructions below.

Owner Name

Enter the owner’s name.

Street Address

Enter the street address where the owner resides.

State

Enter the state where the owner resides.

ZIP Code

Enter the ZIP code where the owner resides.

Recipient Name

Enter the recipient’s name.

Street Address

Enter the street address where the recipient resides.

State

Enter the state where the recipient resides.

ZIP Code

Enter the ZIP code where the recipient resides.

Section 1 – Non-Compete

This section states that throughout the duration of this agreement the recipient shall not, in any manner, represent, provide services or engage in any aspects of business that would be deemed similar in nature to the business of (enter the owner’s name) without the written consent of (enter the owner’s name).

The recipient warrants and guarantees that throughout the duration of this agreement and for a period of not to exceed (enter the number of months or years) following the culmination, completion, or termination of this agreement, the recipient shall not directly or indirectly engage in any business that would be considered similar in nature to with (enter the trade name of the owner’s business), its subsidiaries, and any current or former clients and/or customers within a (enter the number of mile radius) mile radius of (enter the address where the owner’s business is established). Nor shall the recipient solicit any client, customer, officer, staff, or employee for the benefit of himself or herself or a third party that is or may be engaged in a similar business.

Section 2 – Confidential Information

This section states that by definition herein, “Confidential Information” shall mean any and all technical and non-technical information provided by (enter the trade name of the owner’s business), including but not limited to, any data, files, reports, accounts, or any proprietary information in any way related to products, services, processes, database, plans, methods, research, development, programs, software, authorship, customer lists, vendor lists, suppliers, marketing or advertising plans, methods, reports, analysis, financial or statistical information, and any other material related or pertaining or pertaining to any business of (enter the trade name of the owner’s business), its subsidiaries, respective clients, consultants or vendors that may be disclosed to the recipient herein contained within the terms of this agreement.

The recipient shall not in any manner or form, at any time disclose, reveal, unveil, divulge or release, either directly or indirectly, any aforementioned proprietary or confidential information for personal use or for the benefit of any third party and shall at all times endeavor to protect all confidential information belonging to the company.

Section 3 – Injunctive Relief

This section states that the recipient herein acknowledges:

• The unique nature of the protections and provisions established and contained within this agreement.
• That the company shall suffer irreparable harm if the recipient should breach any of the said protections or provisions.
• That monetary damages would be inadequate to compensate the company for said breach.

Therefore, should the recipient cause a breach of any of the provisions contained within this agreement, then the company shall be entitled to injunctive relief, in addition to any other remedies at law or equity, to enforce said provisions.

Section 4 – Entire Agreement

This section states that this agreement shall be considered a separate and an independent document of which it shall supersede any and all other agreements, and there are no other assurances or conditions in any other instrument, either oral or written, between the parties hereto. This agreement may be modified only by a subsequent written agreement signed by both parties.

Section 5 – Severability

This section states that in the event any term, condition, or provision of this agreement is deemed or held to be invalid or unenforceable for any reason, those remaining terms, conditions, and provisions shall remain valid and enforceable. Should a court of law determine that any term, condition, or provision of this agreement is invalid or unenforceable, but that by limiting such term, condition, or provision it would become valid or enforceable, then such term, condition and/or provision shall be deemed to be written, construed, and enforced as so limited.

Section 6 – Waiver

This section states that if either party fails to enforce any provision contained within this agreement, it shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this agreement.

Section 7 – Governing Law

This section states that this agreement is to be construed pursuant to the current laws of the State of New York. Jurisdiction and venue for any claim arising out of this agreement shall be made in the State of New York, in the County of (enter the name of county).

Authorized Representatives Names

Enter the authorized representatives’ names.

Authorized Representatives Signatures

Affix the authorized representatives’ signatures.

Owner Signature

Affix the owner’s signature.

Date Executed

Enter the date the owner signed the form.

Recipient Signature

Affix the recipient’s signature.

Date Executed

Enter the date the owner signed the form.

Owner and Recipient Names

Enter the name of the owner and the recipient in the spaces below the owner’s signature.

Frequently Asked Questions About a New York Non-Compete Agreement

Is a non-compete enforceable in New York?

It depends. Generally speaking, non-compete agreements are enforceable in New York if they are reasonable in terms of time, geography, and scope of prohibited activities. Additionally, the agreement must be necessary to protect the employer's legitimate business interests, such as trade secrets or other confidential information.

If you have been asked to sign a non-compete agreement, or if you are already subject to one, it is important to understand your rights and obligations. An experienced attorney can help you assess the agreement and advise you of your options.

Before signing a non-compete agreement, you should understand:

• The scope of the restrictions — Make sure you know exactly what activities are prohibited and for how long.
• The geographic area covered — The restrictions should be limited to the geographic area in which you competed with your former employer.
• The legitimate business interests protected — The agreement must be designed to protect the employer's legitimate business interests, such as trade secrets or other confidential information.

If you are already subject to a non-compete agreement, an attorney can help you understand your rights and obligations under the agreement. In some cases, it may be possible to challenge the enforceability of the agreement.

If you have any questions about non-compete agreements or if you need help enforcing or challenging one, contact an experienced attorney.

How long does a non-compete last in New York?

In New York, non-compete agreements are generally enforceable for a period of six months to two years. However, the length of time that a non-compete agreement is enforceable may be extended if the agreement is part of an employment contract or other type of written agreement. Additionally, courts in New York have held that non-compete agreements may be unenforceable if they are excessively long or if they impose an undue hardship on the employee.

Those that use non-compete agreements should have a lawyer review the agreement to ensure that it is enforceable. An experienced lawyer can also help you negotiate the terms of a non-compete agreement if you are an employee who is being asked to sign one.

How do I get around a non-compete agreement?

If you are faced with a non-compete agreement, there are a few things you can do to get around it:

• Talk to a lawyer — Non-compete agreements are usually written in a way that is very favorable to the employer. However, there may be some legal loopholes that you can exploit to get around the agreement. A lawyer will be able to help you identify any such loopholes.
• Find a new job — If you are unhappy with your current job, then finding a new job may be the best way to get around a non-compete agreement. Even if you have to take a pay cut or start at a lower position, it may still be worth it in the long run if it means getting out of your non-compete agreement.
• Negotiate with your employer — If you are still employed by the company that has the non-compete agreement, then you may be able to negotiate with your employer to get around the agreement. For example, you could ask for a severance package in exchange for not competing against the company.
• Move to a different state — Non-compete agreements are usually only enforceable in the state where they were signed. So, if you move to a different state, then the non-compete agreement may no longer be valid.
• Wait it out — In some cases, you may just have to wait until the term of the non-compete agreement expires before you can start working for a competitor. This is usually not the ideal solution, but it may be the only option if all else fails.
• Breach the agreement and face the consequences — If you are willing to take the risk, you could always just breach the non-compete agreement and hope that your employer does not take legal action against you. However, if they do decide to take legal action, you could be facing some serious consequences, such as a lawsuit or even jail time.

These are just a few of the ways that you can get around a non-compete agreement. Talk to a lawyer for more specific advice on how to deal with your particular situation.

How serious is a non-compete agreement?

If you are subject to a non-compete agreement, then you need to take it seriously. These agreements are typically made between employers and employees, but they can also be made between other parties, such as contractors and clients. Non-compete agreements are designed to protect the business interests of the party that has the agreement in place by preventing the other party from competing with them.

There can be serious consequences for breaching a non-compete agreement, including being sued for damages, being ordered to pay a penalty, or being barred from working in your chosen field. It is important to understand the terms of your agreement and make sure that you do not violate its terms. If you are unsure about anything, it is best to consult with an experienced attorney who can advise you on your rights and obligations.

When drafting a non-compete agreement, it is important to make sure that the terms are unambiguous. The agreement should also be reasonable in scope and duration. If the terms of the agreement are too broad or too restrictive, it may be difficult to enforce.

If you are subject to a non-compete agreement, make sure you understand the terms and do not violate them. If you have any questions, consult with an experienced attorney.

Can I work for a competitor if I signed a non-compete?

It depends on the state in which you live and work, as well as the specifics of your non-compete agreement. In general, however, if you signed a non-compete agreement that is enforceable in your state, you may be prohibited from working for a competitor.

If you are considering leaving your current job to work for a competitor, you should review your non-compete agreement carefully and consult with an attorney to understand your rights and obligations. Depending on the circumstances, you may be able to negotiate with your current employer to have the non-compete agreement modified or voided entirely.

Do non-compete agreements hold up?

It's a common question: do non-compete agreements hold up in court? The answer is, unfortunately, it depends. In some cases, courts will enforce non-compete agreements if they are deemed to be reasonable and necessary to protect the employer's legitimate business interests. However, in other cases, courts may find that the agreement is overly restrictive and unenforceable. Ultimately, it is up to the court to decide whether or not to enforce a non-compete agreement.

There are a few factors that courts will consider when deciding whether or not to enforce a non-compete agreement. First, the court will look at the reasonableness of the agreement. The court will consider things like the geographic scope of the agreement, the duration of the agreement, and the type of work that is restricted by the agreement. The court will also consider whether or not the restrictions placed by the agreement are necessary to protect the employer's legitimate business interests.

If the court finds that the non-compete agreement is reasonable and necessary to protect the employer's legitimate business interests, then it is likely that the court will enforce the agreement. However, if the court finds that the agreement is overly restrictive or unnecessary, then it is less likely that the court will enforce the agreement. Ultimately, it is up to the court to decide whether or not to enforce a non-compete agreement.

Non-compete agreements can be a helpful tool for employers to protect their business interests. However, it is important to remember that these agreements are only enforceable if they are reasonable and necessary to protect the employer's legitimate business interests. If you are considering using a non-compete agreement, you should consult with an experienced attorney to ensure that the agreement is properly drafted and will be enforceable in court.

Can non-compete clauses be enforced?

There is no simple answer to this question as it depends on several factors, including the specific language of the non-compete clause and the jurisdiction in which it is being enforced. In general, however, courts will only enforce non-compete clauses if they are deemed to be reasonable under the circumstances. Factors that may be considered include the nature of the business, the duration of the restriction, and the geographic scope of the restriction. Additionally, courts will often require that employers show that they have a legitimate business interest that would be harmed by competition from the employee in question.

Is poaching employees illegal in New York?

According to the New York State Department of Labor, it is illegal to "poach" employees from another company. However, there are some exceptions to this rule. For example, if an employee is fired or laid off, he or she can be hired by another company without violating the law. Additionally, if an employee quits his or her job, he or she can be hired by another company without breaking the law. Finally, if an employee is recruited by another company through a third-party recruiter, the law does not prohibit the hiring of that employee.

Does getting fired nullify a non-compete?

This is a difficult question to answer definitively because it will depend on the specifics of your situation. However, in general, if you are fired from your job, that may nullify your non-compete agreement. This is because when you sign a non-compete agreement, you are agreeing not to compete with your employer after you leave the company. If you are fired, you are no longer employed by the company and therefore are not bound by the non-compete agreement. Additionally, some courts have ruled that non-compete agreements are only enforceable if they are signed at the beginning of employment, so if you were not asked to sign a non-compete agreement until after you were already employed, that could also nullify the agreement.

If you are unsure whether your non-compete agreement is still valid after you were fired, you should speak with an experienced attorney who can review the specifics of your situation and advise you of your options.

What are the two most common settings for legitimate non-compete agreements?

There are two common settings for legitimate non-compete agreements:

1. An employer/employee relationship — This may be either an "at-will" employment relationship or one where the employee has a contract for a set term of employment.
2. A business transaction — This may be either the sale of a business or the dissolution of a partnership.

In both of these situations, the non-compete agreement must be necessary to protect the legitimate interests of the party asking for it. For example, an employer may want a non-compete agreement to protect their business secrets or clientele. A business transaction may require a non-compete agreement to prevent one party from opening up a competing business in direct competition with the other. Some common restrictions are typically included in non-compete agreements. These include:

• Prohibited activities — This may include working for a competitor, starting a competing business, or soliciting customers or employees from the other party.
• Geographic area — This may be a specific city, region, or state.
• Period — This is typically 1-2 years after the end of the employment or business relationship.

For a non-compete agreement to be enforceable, it must be reasonable in scope. This means that the restrictions must be limited in terms of geography, duration, and prohibited activities to protect the legitimate interests of the party asking for it. An unreasonable non-compete agreement may be considered void and unenforceable.

Non-compete agreements are typically signed at the beginning of an employment or business relationship. However, they may also be signed after the relationship has ended. For example, an employer may ask a departing employee to sign a non-compete agreement to prevent them from going to work for a competitor. A business transaction may also require the parties to sign a non-compete agreement to protect the interests of both parties.

If you are presented with a non-compete agreement, it is important to read it carefully and understand the restrictions that it imposes. You should also consult with an attorney to determine if the agreement is enforceable in your state.

Can I work for a competitor?

If you are employed by a company, you may have signed an agreement that limits your ability to work for a competitor. If you have not signed such an agreement, you may be free to work for a competitor. However, if your employer has given you confidential information, or if you are using company resources for your benefit, you may be violating your employment agreement. Check with your human resources department or an attorney to be sure.

How long do most non-competes last?

Non-competes typically last for a period of six months to two years. The length of the non-compete will depend on the nature of the position and the company's business. For example, a company that relies heavily on trade secrets or proprietary information may have a longer non-compete than a company that does not. Additionally, higher-level executives or employees with access to sensitive information may be subject to a longer non-compete than other employees.

Can my previous employer stop me from working for a competitor?

In some cases, yes. If you have a non-compete agreement with your former employer, they may be able to prevent you from working for a competitor. However, non-compete agreements are generally unenforceable unless they are reasonable in terms of time and geographic scope. Additionally, courts typically only enforce non-compete agreements if the employer can demonstrate that the agreement is necessary to protect legitimate business interests, such as trade secrets or customer relationships.

So, if you're thinking about working for a competitor after leaving your current job, it's important to check any non-compete agreements you may have signed. Even if your non-compete agreement is found to be unenforceable by a court, your former employer may still try to sue you for breach of contract. Therefore, it's always best to consult with an experienced attorney before making any decisions.

How do non-compete clauses work?

Non-compete clauses are designed to protect an employer's business interests by preventing employees from joining a competitor or starting their own competing business. These clauses typically restrict an employee's ability to work for a competitor or engage in a similar business within a certain geographic area for a specified period after leaving the company. Non-compete clauses can be enforced through court action, and employers may seek injunctions to prevent former employees from violating the terms of the agreement. Employees who violate non-compete clauses may be required to pay damages to the employer.

Is a non-disclosure the same as a non-compete?

No, a non-disclosure agreement is not the same as a non-compete agreement. A non-disclosure agreement is a contract between two parties in which one party agrees not to disclose confidential information that is shared by the other party. A non-compete agreement is a contract in which one party agrees not to compete with the other party for a certain period.

Related Articles:

• The Top 10 Mistakes with Non-Competition Agreements
• What You Need to Know About Non-Compete Agreement in New York
• The Non-Compete Clause: Is it Enforceable?
• Everything You Need to Know About Non-Compete Clauses
• Can My Employer Stop Me From Going to Work for a Competitor?