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A New York non-compete agreement is a type of employment contract relying on restrictive covenants that addresses a business’s concern that its former employees may engage in the disclosure of trade secrets or other sensitive information that could endanger the employer's legitimate business interests. To alleviate these concerns, companies will use a non-compete agreement that obtains a written promise from employees and independent contractors that they will refrain from competitive behavior once their employment relationship with the company comes to an end. Non-compete agreements often prohibit a former employee from working for or with competitors for a period of time, and similar companies within a certain geographic area.
Non-compete agreements may be their own contracts. However, a non-compete clause may also be found in an employment agreement along with a non-solicitation clause. Because the purpose of such agreements is to protect an employer's legitimate interests, it's important that the document isn't too broad.
Employers should seek legal advice from a law firm practicing employment law or an employment attorney. Doing so offers several benefits. It helps ensure the employer's trade secrets are protected under New York law, that enforceability is likely to be a non-issue in New York courts if a lawsuit must be filed, and it helps ensure that public policy hasn't been violated by the terms of the agreement.
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