Provided by: Jennifer Kirschenbaum, Esq.
August 16, 2022
Question:
Hi Jennifer,
I am not sure if my current restriction crosses state lines, and it matters because I am looking at a new position that is across the river, but within the geographic range of restriction.
Insight is appreciated.
Thank you in advance,
Dr. M
Answer:
Without seeing the non-compete language, I can only address the basics of a non-compete, which is to say that a non compete is a bartered for contractual restriction, where you are accepting consideration in exchange for a curtailment of your rights - another words, you are taking compensation in exchange for reliance on language you will not pose a competitive threat to your employer (radius and time component varying by non compete).
A restriction will not be invalid simply because it crosses into a new state, unless, perhaps the new state has laws that vary from the prior state and non competes are invalid or limited. For instance, in Massachusetts, employment non competes are substantially limited if they are to potentially survive scrutiny on challenge. Whereas, in NY and NJ, non competes will be upheld unless a judge finds the scope of the restriction unreasonable, and that the language does not protect against a legitimate business interest.
For more specific advice, I will need to see the agreement, and also consider the states involved.
Hope this helps!
