Non-compete clauses worked into contracts are there to prevent a company from losing important leverage to competitors. Unfortunately, when you leave your job, they can make it difficult to find work in the same field. An employment attorney in New Jersey can help you determine whether you’re tied to restrictive contract clauses or not.
Non-Competition Clauses
Because of the broad nature in the wording of most non-compete clauses, there’s a good chance they won’t meet the requirements of legitimate contract law. Generally, these portions of a contract disallow any contact between a former employee and a likely competitor. Some extend to business partners of possible competitors.
You can see how someone entering into a contract with a non-compete clause would be setting himself up for problems. Unfortunately, many companies try to strong arm candidates into making bad decisions for their future security. The courts recognize this by ensuring restrictive clauses are reasonably written in a way that protects the company’s interests without causing employee’s hardship or posing a problem for the community.
Non-Solicitation Clauses
It’s quite common for sales positions to come with non-solicitation clauses that last for several months or years past employment. These prevent former employees from taking clients with them when they leave a business. An employment attorney in New Jersey can help you fight non-solicitation causes, which can be overturned for many reasons.
Businesses with bad reputations or that have been unable to fulfill their agreements with clients will have a more difficult time enforcing non-solicitation clauses. Businesses that rely solely on the skills of their sales staff will also struggle to retain their clientele. Never assume you have no choice but to abide by the terms of an unfair contract, even when it comes to soliciting former prospects.
Another kind of non-solicitation clause applies to stealing the employees of your former business. It’s very difficult to get around these kinds of contracts. Unfortunately, many people don’t realize until after the fact that this was part of their original employment contract to begin with. At that point, a lawyer is almost always necessary so take care when attempting to hire former coworkers, especially for fledging businesses.
Confidentiality and Non-Disclosure
Companies have a right to protect their vital information. Because of this, courts often uphold contract clauses preventing former employees from sharing inner policies and procedures for doing business. Sometimes contracts are too broad in what they seek to protect, however, and can be effectively fought in court by a skilled employment attorney in New Jersey. Dealing with contracts is never easy. When a court case is on the line, it’s best to go with a professional.
