Tracey S. Bernstein, Esq


Employers often condition your hiring (or the continuation of your employment) on your agreement to not compete and/or not solicit their clients or employees during and after your employment.  If you are asked to sign a non-competition or non-solicitation agreement the best course of action is to have an attorney with experience in this area review it to determine the effect it may have on your future.  An attorney with experience in this area will know that these agreements are often negotiable because employers recognize that if they make the restrictions too broad they will not be enforceable.  With a few simple adjustments to the language the legitimate interests of both parties can usually be addressed.  Even if the employer will not make the requested changes, you will have at least laid some of the groundwork needed to support a claim that the restrictions are not enforceable if the employer seeks to enforce it against you in the future.