In this video, Long Island, New York non-compete attorney Jonathan Cooper provides an overview of the 4 key factors that a New York court will consider before determining whether your non-compete either is - or is not - enforceable under New York law.
(The New York courts arrived at this 4-prong test as a means of balancing the interests of the employer in protecting their proprietary information, and those of an employee, who - at least in theory - should be free to seek better employment elsewhere.)
The 4 factors that will determine if your non-compete is enforceable in New York are:
- Whether the (former) employer is seeking to protect matters that are legitimate trade secrets or proprietary information
- Whether the agreement is reasonable in geographic scope
- Whether the non-compete is reasonable in its duration
- Whether the non-compete is inherently unenforceable, or void, as being against the public interest
Additional information on this important topic can be gleaned from the Free Insider's Guide to Non-Compete Agreements in New York by clicking on the hyperlink above, or on this link.