Non-compete bans have been in place for at least a century in many industries in the United States, Bergman says. However, he says that the tides of public opinion and labour law have in recent years opposed non-competition bans because these agreements are perceived to be unfair to workers. Twisted interference: The hiring of an employee subject to a non-compete clause could expose the recruitment company to the allegation that it has disrupted a torial contract. In order to assert the right to unlawful interference in New York, an applicant must argue” (1) the existence of a valid contract between the plaintiff and a third party; 2. knowledge of the defendant`s contract; 3. the defendant`s deliberate motivation for the offence committed by the third party without motivation; (4) actual offence; and (5) the resulting damage. Kirch v. Liberty Media Corp., 449 F.3d 388, 401-02 (2d. Cir. 2006). The courts have ruled that knowingly hiring a new employee in violation of its non-competition prohibitions, provided that the non-competition is valid, “a ground for inaction with respect to the non-competition agreement”. Installed Bldg. Prods., LLC v. Cottrell, 2014 U.S.
Dist. LEXIS 101926, at `35 (W.D.N.Y. 25 Jul 2014). While “non-competitions” can be commonplace, implementation can be complicated.  If you have signed a non-compete clause and plan to continue, inform your potential employer. This helps them design your work so that a possible lawsuit is avoided or its effects minimized if your former company sues you. “We will see a small decrease for employers who choose to enforce these agreements, solely because of the risk and cost of implementation,” Bergman says. Bergman says employers should also be aware that the law includes sanctions against employers who fail to enforce a non-compete agreement.
A non-competition agreement must be entered into at the time of hiring. I think the most important thing for a professional is whether a company requires a non-compete agreement before you accept a job. If the company does, then you should negotiate a severance package if you leave because the company hinders your ability to participate in the market. Blue Penciling: When a court finds that a non-competition clause is too broad (for example. B, it goes beyond what is necessary to protect confidential and employer-owned information), it has two options: partial application or lack of enforcement. Partial application involves the rewriting or creation of blue pencils of the non-competition clause to comply with the law (for example. B the prohibition of competitive employment for one year if the six-year term of the non-competition clause is inappropriate). However, in recent years, some courts have been reluctant to impose excessive non-competition bans, as the practice rewards a company for its overly broad scope in its attempt to limit competition.