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Law Offices of Jonathan M. Cooper

Q:
Can you be held to a non-compete clause in NY if your employer breaches your agreement?

A:

If your employer breaches your agreement, there is a strong likelihood that a New York court will not hold you to your non-compete agreement. This general rule is consistent with basic contract principles, which requires the party seeking to enforce the contract to demonstrate (among other things) that they fulfilled their end of the deal.