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Law Offices of Jonathan M. Cooper

Q:
How can I tell whether my New York non-compete agreement is geographically reasonable?

A:

Assessing whether a New York non-compete agreement is reasonable is not always easy. To be enforceable, these agreements must be reasonable in terms of the geographic scope and the time limits they impose. Reasonableness depends largely on the unique facts and circumstances surrounding each individual agreement. For example, General Electric recently announced that it entered into a non-compete agreement with its vice chairman, John Krenecki. Under that agreement, Krenecki will receive $89,000 per month for the next 10 years. In exchange, he has agreed not to work for any GE competitor, anywhere in the world. Clearly, the geographic scope of this particular agreement is very broad.

If you entered into a non-compete agreement in New York with your employer and feel that the geographic limitations it imposes are unreasonable, it is important that you take the following steps to protect your legal rights:

  • Contact an experienced New York non-compete agreement lawyer for guidance.
  • Review the terms of your agreement to define the geographic area that you are prohibited from competing in.
  • Gather copies of the agreement and all supporting documentation.
  • Consider the financial and other benefits that you are receiving in exchange for your agreement not to compete within this area.
  • Assess whether the geographic scope used is necessary to protect the legitimate interests of your employer.

Every non-compete agreement and its surrounding circumstances are unique. For guidance assessing the reasonableness of your particular agreement, contact an experienced New York non-compete agreement attorney. Call our office today at (888) 497-3410 for a free consultation.