When an employer wants to get additional protection against what former employees might do with knowledge and experienced gained while employed for that employer, the employer might attempt to get its employees to enter into restrictive covenants. An employer can accomplish this Continue reading How Employers Obtain Restrictive Covenants from Employees
So, what happens when an employer decides to enforce a restrictive covenant against an employee ? Continue reading The Process of Enforcing Restrictive Covenants
Normally, if you enter into an agreement with another person to do or not do something, a court will enforce that agreement if you violate it, with the assumption that you got some kind of fair exchange in the agreement. So, without knowing anything else, you would think that a court would enforce a restrictive covenant. But that is not necessarily the case Continue reading The Enforeability of Restrictive Covenants
Generally, when an employee leaves an employer, that employee is free to take a job with an employer in competition with the original employer. In fact, the employee is free Continue reading When There is No Restrictive Covenant
Although there is no law preventing employers from defining other types of restrictive covenants, on this webpage, we’ll discuss only two types: the covenant not to compete (“non-compete”) and the covenant not to solicit (“non-solicitation” provisions).
In a non-compete, the employee agrees Continue reading Types of Restrictive Covenants
The term covenant means Continue reading The Definition of the Term “Restrictive Covenant”
New York State is an “employment at will” state, and this has enormous implications for the enforcement of employment law in the state.
The most basic statement of the employment of law doctrine is: Continue reading The Basic Rule in Employment Law in New York State: The Employment at Will Doctrine