Provided by:  Jennifer Kirschenbaum, Esq.

June 22, 2022



Hi Jennifer,

I signed a 10 mile non compete in NJ and now I want to take a position in NYC that looks like it’s in that bubble on google maps.  How can I get my employer to let me out?  Is the fact it is a different state enough to release? 

Dr. K


So, based on the facts presented I do not know whether there are any leverage points to push with the current employer for a contractual release of the non compete.  There may be language or an opportunity to buy your way out, or perhaps you can offer certain services you do not currently render, more days, times etc to help the employer out in exchange for a modification.  If that opportunity is not there, then the mileage “as the bird flies” will contractually transcend states, unless the language stipulates otherwise. 

So, short answer, the language will dictate and requires legal review.