Legal Question in Employment Law in New York

Recently many workers left my restaurant and open their own within few blocks away. It is legally bind to have employees sign a paper/contract saying

-They can not work at competitors within 5 miles after termination for 12 months

-They can not open the same type of business within 5 miles away

-After termination, they can not contact current employees for recruiting purpose.

Asked on 8/19/13, 2:14 pm

2 Answers from Attorneys

ANUJ SHARMA, ESQ. A SHARMA LAW FIRM, PLLC
0 users found helpful
0 attorneys agreed

You may get a temporary injunction and later a permanent injunction based on the employment contract.

Read more
8/19/13, 2:20 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.
0 users found helpful
0 attorneys agreed

It may be legally binding. You would need to bring a law suit against the workers and the company that owns the new restaurant to enforce the terms of the agreements. There may be additional causes of action, in addition to the non-compete, that could help your case and would allow you to potentially collect more damages.

Realistically though, without reviewing the various employment contracts it's impossible to definitively answer the question.

My office has a special offer for LawGuru clients where we can conduct a review of the matter and review the employment agreements for $198. To take advantage of this limited offer please go to:

http://thelegalist.wix.com/roman-fichman-esq-and-assoc/lawguru2

Roman R. Fichman, Esq.

www.TheLegalist.com │ @TheLegalist

email: Info (@) TheLegalist (dot) com

t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7


Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

Read more
8/20/13, 9:47 am

Related Questions & Answers

More Labor and Employment Law questions and answers in New York

Looking for something else?

Get Free Legal Advice

88122 active attorneys ready to answer your legal questions today.

Labor and Employment Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessRiverside, San Bernardino, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now