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


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

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Answered on 8/19/13, 2:20 pm
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

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:

Roman R. Fichman, Esq. │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Answered on 8/20/13, 9:47 am

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