We are often asked when a non-compete clause is enforceable.
Generally speaking, a non-compete provision must be reasonable in length (i.e. 1 year versus 10 years), subject matter and scope (5 mile radius around the business vs 5,000 miles).
Non-Compete and Non-Solicitation Clauses are enforceable if they are (i) narrowly drawn to protect the employer’s legitimate business interests; (ii) not a weight on the employee’s ability to earn a living; and (iii) not against public policy.
To learn more about Non-Compete and/or Non-Solicitation Clauses, contact a member of our Ross Pitcoff Law Team today: (646) 386-0990