New Jersey Contract Dispute Attorneys
Experienced Restrictive Covenant Dispute Lawyers in Bergen County, NJ Assists Clients with Understanding and Advocating for Their Rights in Employment Contracts in Passaic County, Essex County, and Throughout New York, including Queens County, Nassau County, and NYC
If you are involved in a disagreement over a restrictive covenant agreement, you should not wait to get the legal help you need to protect your rights and interests. Contact the Choi Law Firm to discuss how our New Jersey contract dispute attorneys can help guide you through your legal dispute to a fair and favorable resolution.
Employers often make a significant professional investment in their key employees, including training and providing them with access to important business relationships and confidential information. To protect the trust of the employer-employee relationship, restrictive covenant agreements are often used to ensure that an employee does not use their employer’s competitive advantages against them. However, employees still have the right to earn a living and pursue their trade, which can sometimes lead to a restrictive covenant dispute over the scope of an employee’s legal obligations or over allegations that an employee breached their agreement.
Table of Contents
- What Kinds of Agreements Can the Choi Law Firm’s New Jersey Contract Dispute Attorneys Handle?
- How the Choi Law Firm’s Restrictive Covenant Dispute Lawyers in Bergen County, NJ Can Help You Resolve Potential Breaches of Restrictive Covenant Agreements
- Call Our Experienced New Jersey Contract Dispute Attorneys to Discuss Your Legal Options
- Frequently Asked Questions About Restrictive Covenants in New Jersey
What Kinds of Agreements Can the Choi Law Firm’s New Jersey Contract Dispute Attorneys Handle?
The contract dispute attorneys in New Jersey at the Choi Law Firm can help your business resolve breaches or other legal disputes involving a wide range of restrictive covenant agreements, including:
- Non-compete agreements – Non-compete agreements restrict an employee from “competing” with their current employer during the term of their employment and for a certain period of time after their employment terminates. These agreements usually include specific details as to the scope of the restriction, such as geographic scope (cannot work in a position within a certain radius of the employer’s location), job scope (cannot work in a position with a certain title or job duties), and time (the restriction expires within several months or a year after the employee leaves or is terminated from their job).
- Non-solicitation agreements – A non-solicitation agreement restricts an employee from attempting to convince their employer’s customers/clients, suppliers, or other partners to shift their business to another party. Non-solicitation agreements are sometimes limited in scope, including having an expiration date or not covering customers, suppliers, or partners that the employee had no contact with in their position with the employer.
- Anti-raiding/no-hire agreements – Anti-raiding/no-hire agreements preclude employees from hiring their co-workers to other positions or otherwise convincing co-workers to terminate their employment. No-hire provisions also commonly have an expiration date after an employee leaves their own position.
- Non-disclosure agreements – A non-disclosure agreement obligates an employee to maintain the confidentiality of an employer’s trade secrets and other proprietary information, such as customer/supplier lists, pricing guides, or marketing plans. Unlike other kinds of restrictive covenants, non-disclosure agreements usually remain in force so long as the employer’s information remains non-public since the employer’s legal protections for their proprietary information continue so long as the information is kept confidential.
- Invention assignment agreements – Employees who are involved with developing new products and services for an employer may also sign invention assignment agreements, which expressly state that any intellectual property that the employee develops in the course of their job duties or by using the employer’s resources are owned by the employer and may not be used by the employee outside of their duties to the employer.
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How the Choi Law Firm’s Restrictive Covenant Dispute Lawyers in Bergen County, NJ Can Help You Resolve Potential Breaches of Restrictive Covenant Agreements
When you have a restrictive covenant dispute or have a potential breach of an agreement, let the experienced restrictive covenant dispute lawyers in Bergen County, NJ at the Choi Law Firm go to work on your or your business’s behalf by:
- Thoroughly investigating the facts and circumstances of an alleged breach to secure evidence for your case
- Reviewing the terms of your restrictive covenant agreement to fully explain your legal rights and obligations
- Presenting you with legal options for pursuing a fair and favorable resolution to the dispute
- Negotiating for you to try to reach a settlement of your case, where possible, or taking your claims to court and to trial if necessary to get the outcome and relief you need from the case
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Call Our Experienced New Jersey Contract Dispute Attorneys to Discuss Your Legal Options
The Choi Law Firm can help you if you are in a legal dispute over a possible breach of a restrictive covenant agreement or about whether or not such an agreement is enforceable. Our New Jersey contract dispute lawyers help people in Bergen County, Passaic County, Queens County, Nassau County, and all over the North Jersey and New York City areas.
Frequently Asked Questions About Restrictive Covenants in New Jersey
In New York and New Jersey, courts will generally enforce restrictive covenant agreements so long as they have been voluntarily agreed to by all parties and the terms of the agreement are reasonable in scope, duration, and territory. In determining the reasonableness and therefore the enforceability of a restrictive covenant, courts focus on whether the agreement protects an employer’s legitimate business interests without unduly burdening the employee’s ability to seek employment or practice their trade.
Both New York and New Jersey are considered “blue pencil” states because courts in both jurisdictions have the authority to alter the terms or narrow the scope of a restrictive covenant to make the agreement enforceable. However, courts may decline to “blue pencil” a restrictive covenant if no reasonable modification of the agreement would make it enforceable or if the terms of the restrictive covenant agreement expressly preclude modification by a court.
A restrictive covenant agreement can be enforced by the employer filing a legal demand against the party who breached the agreement or by filing a lawsuit in court. By filing suit in court, an employer may be entitled to obtain injunctive relief, or a court order barring a party from further breaches of the agreement. An employer might also seek compensation for financial losses that may have been caused by prior breaches.
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