Restrictive Covenant Dispute Lawyer in NJ
Experienced Contract Dispute Attorney in New York Assists Clients with Understanding and Advocating Their Rights in Employment Contracts in Bergen County, Hudson County, Queens County, Long Island, and Throughout North Jersey and NYC
If you find yourself in the middle of a dispute over a restrictive covenant agreement that you are a party to, do not wait to get the legal representation you need to assert your rights and interests. Contact Choi Law Firm to discuss how a contract dispute attorney in New York from our legal team 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.
What Kinds of Agreements Can a Restrictive Covenant Dispute Lawyer in NJ from Choi Law Firm Handle?
A contract dispute attorney in New York with 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.
How a Contract Dispute Attorney in New York from Choi Law Firm 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 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
Call an Experienced Contract Dispute Attorney in New York or New Jersey with Our Firm to Discuss Your Legal Options
If you find yourself in a legal dispute over a potential breach of a restrictive covenant agreement or regarding the enforceability of such an agreement, Choi Law Firm can advocate on your behalf. Our contract dispute lawyers in NJ represent clients in Bergen County, Hudson County, Queens County, Long Island, and throughout North Jersey and NYC.
Frequently Asked Questions about Restrictive Covenants in NY and NJ
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.
“I always felt that they were genuinely fighting for me; truly looking out for my best interests."
I am very grateful for Sandra Choi and her team. They were kind, compassionate, thorough and very professional throughout the entire process of my case. I always felt that they were listening to my concerns and interests and provided all the professional advice and answers to my questions that I needed to feel confident about my decisions.”
“One of the best things about Ms. Choi is that she is caring and listens carefully to understand your situation."
Sandra Choi is attentive, kind, thoughtful, and professional. She was thorough and well-prepared throughout my case, and I was impressed by her honesty and work ethic. Ms. Choi and her team were helpful and responsive to my questions and concerns, and she certainly exceeded my expectations. I highly recommend Ms. Choi and her team.