Legal Question in Employment Law in New York

non-compete agreements

Can an employer ask you to sign a non-compete agreement after 13 years of employment? If so, do I have the right to refuse?


Asked on 12/10/07, 7:36 pm

2 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: non-compete agreements

I would have to review your employment contract. However, as a general matter they are permitted to ask you to sign a non-compete. It boils down to a business decision on your part. Any agreements you are given to sign should not be signed before reviewed by an attorney hired by you. If you would like for me to review the agreement for you please contact me toll free at 1(800)WE-FIGHT or (718)WE-FIGHT.

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Answered on 12/16/07, 3:20 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: non-compete agreements

A non-competition agreement can become the subject of negotiation at any time between an employee and his employer; as an employee gains more responsibility, and deals with more intellectual property of the company, the employer has more of a reason to ask for one. New York honors these agreements if they are reasonable in scope. An employee has te right to refuse to sign, but if you are accepting a new position, think about why the employer is asking for this.

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Answered on 12/10/07, 11:31 pm


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