Is my non-compete void if the company announces they are moving from one state to another?

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Is my non-compete void if the company announces they are moving from one state to another?

Moving from NY tp NJ.

Asked on July 7, 2011 under Employment Labor Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so I need to say right off the bat that your non-compete agreement needs to be read to determine enforceability.  New York generally limits enforcablilty of the non-compete agreement. The courts in New York will, however, enforce that portion o the agreement that deals with proprietary rights of the employer like trade secrets, etc.   The nature of the business and the nature of the job matters here a well. If your non-compete deals mostly with issues like time frames and distance then I would consider speaking with an employment attorney about bringing a declaratory judgement action to void it.  It is based upon New York not New jersey and in an of itself it would be voided upin the move but I would want a judge to state that.  Good luck.


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