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Law Offices of Jonathan M. Cooper

Q:
How do I calculate my damages following a breach of New York non-compete agreement?

A:

Attempting to calculate damages on your own is a risky endeavor. New York breach of non-compete laws are complex and require the knowledge of an experienced legal professional. Failing to request the proper amount of damages could result in your not receiving the full award to which you are entitled. When assessing your damages for purposes of filing a breach of non-compete agreement in New York, consider taking the following actions:

  • Contact an experienced New York breach of non-compete agreement right away.
  • Determine whether the breach of non-compete agreement occurred before or after the termination of the employee.
  • Gather financial records relating to the company’s profits and the employee’s breach.
  • Your damages for lost profits will be limited to your net, not gross, profits.
  • If the employee was still under your employ at the time of the breach, you can also receive the profits that the employee gained during that time. To be eligible for these types of damages, the employee must have used the trade secrets of the company for his own benefit.
  • Determine which damages are directly attributable to the employee’s breach.

Understanding which types of damages you are eligible for and how to calculate the correct dollar amount is not always easy. Since you only have one opportunity to put forth your best and strongest case, it is vital that you have a knowledgeable New York business litigation lawyer in your corner. Call our office today at (888) 497-3410 for a free consultation.