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Forum -> Working Women
Are Non Competes Enforceable?



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amother
OP


 

Post Mon, Jul 25 2022, 10:56 pm
I’ve been working for a smallish business for a few years, and I’m very unhappy in my current position. I would like to switch to a different company, or possibly start my own business, but I just remembered that I signed a non compete agreement when I first started my job. I think it was effective for a period of three years after leaving the company. Does my current employer have a right to enforce legal action against me or are non competes not really enforceable? I’m in NJ.
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amother
Wallflower


 

Post Mon, Jul 25 2022, 11:01 pm
I know someone who asked a Rav and he said it's not enforceable (of course don't rely on this for Halacha purposes). But I do know someone who went to a competition and now the old company is suing.

Honestly, is it worth the whole stink? Maybe it's worth it to wait it out a drop. If you'd somehow open your own business maybe there's a way you could start working on it before actually opening it?
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amother
OP


 

Post Mon, Jul 25 2022, 11:18 pm
amother [ Wallflower ] wrote:
I know someone who asked a Rav and he said it's not enforceable (of course don't rely on this for Halacha purposes). But I do know someone who went to a competition and now the old company is suing.

Honestly, is it worth the whole stink? Maybe it's worth it to wait it out a drop. If you'd somehow open your own business maybe there's a way you could start working on it before actually opening it?


Thanks. I don’t know if I would actually start my own business, but I would definitely want to work in the same field, which I technically can’t do under the non compete that I signed.
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amother
Wallflower


 

Post Mon, Jul 25 2022, 11:20 pm
amother [ OP ] wrote:
Thanks. I don’t know if I would actually start my own business, but I would definitely want to work in the same field, which I technically can’t do under the non compete that I signed.


You should probably just ask a shaila. I think it's a very clear answer and then you could feel comfortable that you're doing the right think with whichever way your guided.
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amother
OP


 

Post Mon, Jul 25 2022, 11:23 pm
amother [ Wallflower ] wrote:
You should probably just ask a shaila. I think it's a very clear answer and then you could feel comfortable that you're doing the right think with whichever way your guided.


I would ask a shaila, but from what I’ve heard, I would probably be told that it’s fine. I’m worried about legal action against me..
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amother
Wallflower


 

Post Mon, Jul 25 2022, 11:29 pm
amother [ OP ] wrote:
I would ask a shaila, but from what I’ve heard, I would probably be told that it’s fine. I’m worried about legal action against me..


From what I've heard, it really depends on yours individually.

Which doesn't hurt to take it to a lawyer to look at it.
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suremom




 
 
    
 

Post Mon, Jul 25 2022, 11:38 pm
3 years is a very long time.Afaik if it was done for a year it can be honored legally. Otherwise it's dismissed. Lawyers generally advise you not to do a non compete longer than 18 months for this reason.
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Hashem_Yaazor




 
 
    
 

Post Mon, Jul 25 2022, 11:39 pm
The answer is usually that it's not enforceable and that a company wouldn't gain from trying to pursue it. Usually it's in there as a scare tactic. Definitely reach out to a lawyer to understand your rights and make sure you're protected, but you're not stuck in a job with no means of parnassa in your field due to this. There are ways out.

Hatzlacha!
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amother
Daylily


 

Post Mon, Jul 25 2022, 11:41 pm
These are very difficult to enforce because the law doesn’t want to interfere with people’s livelihood.

Depending on jurisdiction but you need to be directly competitive like selling the same items and using the company’s client list.

You should consult a good employment attorney in your state because it depends on the language, what your jb functions actually are and state law
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amother
Lavender


 

Post Mon, Jul 25 2022, 11:45 pm
If it’s too long like 3 years it’s not enforceable. Short ones that are a few months might be. But no one takes legal action unless you try to actively hurt their business.
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amother
OP


 

Post Mon, Jul 25 2022, 11:50 pm
amother [ Daylily ] wrote:
These are very difficult to enforce because the law doesn’t want to interfere with people’s livelihood.

Depending on jurisdiction but you need to be directly competitive like selling the same items and using the company’s client list.

You should consult a good employment attorney in your state because it depends on the language, what your jb functions actually are and state law


Thanks everyone

I would be providing the same service (real estate related) but definitely not using the same client list.

I think I’ll reach out to a lawyer. Any recommendations for a labor lawyer?
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careerwife




 
 
    
 

Post Tue, Jul 26 2022, 11:48 am
non-competes are very hard to enforce since most states are employee friendly rather than employee. They are unhappy with employers who make it difficult for people to work. Many states are doing away with non-competes as they are becoming obsolete and un-2022.

Ironically, a stricter non-compete is harder to enforce than a more lax one.
Check you own states website on this. But really worst case scenario they send you a cease and desist and you have to leave your new position (and you can still argue that it a court of law.)
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amother
Stoneblue


 

Post Tue, Jul 26 2022, 12:43 pm
Most non-compete clauses are not enforceable. Unless you're high up enough to know real trade secrets that could hurt them if you left and used that knowledge for yourself, they generally don't have a leg to stand on. It's like the difference between being a retail employee in an Apple store as opposed to executive level at Apple. If the retail employee leaves and goes to do exactly the same job but at Best Buy, nobody is going to enforce non-compete. But someone at a high level position, who knows all the new products in the works, would likely be prevented from taking a similar position at Microsoft.
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