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Harsher Non-Compete Agreement Terms May Harm Employees


Posted on Jan 01, 2016

As the economy improves, it appears that non-compete agreements and court rulings are giving employers the upper hand in the workforce. Mazhar Saleem knows this all too well. Saleem alleges that it is difficult for him to earn enough money to live on, yet he is bound by the non-compete clause he signed by his employer. Saleem drives a town car for a New York company. Saleem is an independent contractor, and therefore does not receive benefits or overtime pay, and is not guaranteed set hours.

Since Saleem signed a non-compete agreement in New York, he cannot drive a town car for anyone else in the state. Unfortunately for Saleem, this means that even when his employer does not give him work, he still cannot seek employment elsewhere. Saleem has hired an attorney in an attempt to get out of the agreement. His lawyer argues that employers are trying to use contracts to “alter pieces of the employment relationship that are supposed to be governed by law.”

In previous times, non-compete clauses were used most often in the high-tech sector. Today, however, they are being used for hairdressers, auto mechanics, exterminators, and other professions for which courts traditionally did not uphold such agreements. A non-compete prevents employees from leaving one job to take another that is nearby. Some employers are even including language that requires an employee to pay the costs of litigation if they lose in a breach of non-compete action. They are also shortening the length of time during which an employee can sue them. These harsher contract terms makes it even more difficult for employees to win on a breach of non-compete claim in court.

To learn more about breach of non-compete agreement matters in New York, contact a New York non-compete attorney today at (888) 497-3410.

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