If I work in broadcasting and had a 12-month non-compete clause in my contract, which extended to all US states but I was laid off, is the non-compete still in effect?

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If I work in broadcasting and had a 12-month non-compete clause in my contract, which extended to all US states but I was laid off, is the non-compete still in effect?

I was laid off 4 months ago.

Asked on June 10, 2015 under Employment Labor Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If an employee is terminated without "cause", their non-compete may or may not be enforceable; it varies from state-to-state. However, the fact is that most courts will not enforce a non-compete agreement if they feel that the employer has acted in bad faith (just like theywill enforce it if the employee has acted in bad faith). That having been said, there are also other reasons that a non-compete can be terminated. For example, if the geographical scope is too broad; this will depend on the type of job invovled. In your case, since you are in broadcasting, this may or may not be an unreasonable limitation.

Bottom line, you should consult directly with an employmnt law attorney. After hearing all of the details of your situation they can best advise you as to specific state law.


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