Legal Question in Employment Law in New York

Competition

Employment contract for pest control restricts calling upon the trade for 2 years, is this legal? So I can't work for any other pest control company within a 50 miles radius for the next 2 years.


Asked on 7/17/08, 6:07 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Competition

Non-compete clauses may be enforceable provided they are reasonable in scope. Two years and 50 miles does not sound reasonable to my ear, but reasonable people minds may differ. As part of negotiating severance agreements, I always try to eliminate non-competition clauses and agreements from the table, as they are never in a client's interest unless you are being compensated.

If you need additional assistance, you may contact me via email.

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Answered on 7/18/08, 4:45 pm

Re: Competition

oh, those non-compete clauses in the employment agreements!!

Are you the head of your sales district with special ties to clients? Do you have information about your former employer's trade secrets about killing roaches faster? I didn't think so, and I think you could defend yourself against your former employer suing you should you start practicing your skills in contravention of such non-compete clause. Judges do not like to enforce silly non-compete clauses. An average 'Joe Exterminator' like yourself should not be prevented from practicing his journeyman skills in the community.

I wish you were downstate, where the judges frequently laugh at such nonsense.

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Answered on 7/18/08, 12:08 pm


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