New Jersey Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (New Jersey)
- Avg cost to review a Non-Compete Agreement: $320.00
- Lawyers available: 23 New Jersey employment lawyers
- Clients helped: 7 recent noncompete agreement projects in New Jersey
- Avg lawyer rating: 5.0 (4 reviews)
Is a Non-Compete Agreement Enforceable in New Jersey?
Yes. Non-compete agreements are enforceable in New Jersey as long as the contract abides by certain rules developed by the Supreme Court of New Jersey. When determining whether a non-compete agreement is enforceable, courts will use the “Solari/Whitmyer Test”. Under this test, non-competes must:
- Protect the legitimate interests of an employer
- Not impose undue hardship on an employee
- Cannot be injurious to the public
The courts further explain that a “legitimate interest” can include customer relationships, trade secrets, and confidential business information. If a non-compete agreement fulfills these three rules, it will most likely be enforced in New Jersey.
When Will a Non-Compete Agreement Not Be Enforced in New Jersey?
Non-compete agreements will never be enforced against psychologists or lawyers. A psychologist is exempt from any non-compete agreement that would prohibit a patient from being able to see the psychologist of their choice. Similarly, attorneys cannot enter into an agreement that would restrict their right to practice law.
Courts recognize that a non-compete agreement that restricts professionals like psychologists and attorneys from practicing their trade would be a detriment to society and injurious to the public.
Can I Work for a Competitor If I Sign a Non-Compete in New Jersey?
Generally, non-compete agreements will contain a clause that states the employee cannot work for a competitor. The non-compete will also restrict the employee from opening a business that offers the same services or sells this same product. These restrictions will be subject to a geographic area and a specific amount of time set in the contract. This is to prevent an employee from using a former employer’s trade secrets or customer relations to create unfair competition.
How Long Does a New Jersey Non-Compete Agreement Last?
When determining how long a non-compete agreement should last, courts in New Jersey consider the geographic area that is restricted by the contract. Historically, courts have ruled that an agreement lasting three years is reasonable when the geographic boundary for the non-compete is limited to the city where the employer is located.
A non-compete agreement that has a longer duration or a larger geographic boundary may be ruled unreasonable because it puts an undue hardship on the employee.
How Do You Get Around a Non-Compete Agreement in New Jersey?
To get around a non-compete agreement in New Jersey, an employee must show a court that the agreement is unenforceable and doesn’t adhere to the standards of the “Solari/Whitmyer Test”. This can by done by demonstrating that the agreement is overly broad, puts an undue hardship on the employee, or negatively affects the public.
Other ways an employee can try to get around a non-compete agreement include:
- Negotiate the terms. An employee may be able to negotiate the terms of the non-compete agreement with their employer. This could involve modifying the duration, geographic scope, or other terms to make the agreement more reasonable.
- Seek employment outside of the restricted area. Many non-compete agreements in New Jersey are limited to only restricting work in the city in which the employer is located. A former employee can seek a job outside the geographic boundaries to get around a non-compete agreement.
What Voids a New Jersey Non-Compete Agreement?
A New Jersey non-compete agreement will be void if it was entered into under duress, coercion, or false pretenses. An employer is not allowed to threaten or coerce an employee to sign a non-compete. Similarly, an employer cannot make false statements to get an employee to sign the contract. These actions will void a non-compete agreement.
Frequently Asked Questions
See Noncompete Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
See Real Non-Compete Agreement Projects
California Employment non compete question session Drafting
- California
- 6 lawyer bids
- $249 - $500
Nevada I have two non competes that needs review, one on rollover shares and as a retired officer Review
- Nevada
- 3 lawyer bids
- $400 - $500
See all Non-Compete Agreement projects in New Jersey
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Noncompete Agreement?
Meet some of our New Jersey Noncompete Agreement Lawyers
Erdal T.
Erdal Turnacioglu of Erdal Employment Law focuses on providing employment solutions to both employees and businesses, whether through litigation, review of employee handbooks, workplace investigations, or training seminars.
"Erdal was a pleasure to work with. He was quick to respond to any questions or concerns I had."
Ryan D.
Ryan Duffy is a skilled attorney with extensive experience in business law and estate planning. He received his undergraduate degree in Business from Franklin & Marshall College and went on to graduate from Villanova University Charles Widger School of Law. Ryan has worked with numerous clients on matters ranging from business formation and contract drafting to estate planning and asset protection. He is dedicated to helping businesses of all sizes achieve their goals while minimizing legal risks. He also works closely with individuals and families to help them protect their assets and plan for the future. With his extensive knowledge and practical approach, Ryan can provide valuable legal guidance and support to clients in need of business law and estate planning services.
"Awesome work, really put my mind at ease during a contract dispute with a major company."
December 5, 2022
Michael C.
We are business and immigration attorneys, committed to delivering compassion-driven and innovative legal solutions that better our clients' lives. Founded in 2019, Carbone Law provides legal services tailored to the unique needs of our clients. We pride ourselves in building a personable attorney-client relationship and are dedicated to establishing a complete understanding of our client’s legal issues, so that we can develop an effective plan for achieving their desired results. Michael T. Carbone, Esq. started Carbone Law with the goal of delivering exceptional legal services to his community. At Carbone Law, Michael counsels individuals and small businesses on a variety of legal issues. Whether aiding families in building successful applications for immigration benefits or advising freelancers and business owners on contract, governance and related issues and the complexities of complying with federal, state and local laws, Michael is committed to building a lasting relationship with his clients.
May 21, 2023
Maria M.
I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.
June 14, 2023
James S.
Education Jim Schroeder holds multiple degrees from several institutions. He received his Juris Doctor from Rutgers School of Law in Camden New Jersey. He also earned two additional Master’s Degrees from Asbury Theological Seminary in Wilmore, Kentucky and United Theological Seminary in Dayton, Ohio. In addition, Schroeder has done graduate work in Public Sector Labor Relations and American History at Rutgers University and Nonprofit Leadership at Duke University. Jim Schroeder was admitted to the New Jersey Bar Association in 2008; the District of Columbia Bar Association in 2010; the New York State Bar Association in 2014; and the Ohio Bar Association in 2020. He is also admitted to the Federal Courts of Southern New Jersey and Southern Ohio.
June 22, 2023
Daniel W.
I am a Spanish-fluent corporate and commercial real estate attorney and broker licensed in New York and New Jersey. My pragmatic approach towards conflict resolution allows me to provide valuable advice to clients on avoiding issues of liability through effective risk management and strategic allocation of resources. I counsel businesses, developers, owners and investors on residential/commercial real estate and corporate transactions involving the acquisition, finance, development, leasing and disposition of all asset classes. In addition, I advise on joint venture partnerships and the negotiation, structure and drafting of operating agreements. Throughout my successful practice, I have held in-house counsel positions at large corporations, including JPMorgan Chase and Duane Reade, and had the privilege of working for the Department of Justice where I honed expertise in all aspects of mortgage-backed securities.
July 17, 2023
Christine T.
Christine E. Taylor focuses her practice in the areas of Hospitality Law, Business Law, Labor and Employment Law, Real Estate Law, Administrative Law, Estate Law and Litigation. Ms. Taylor grew up within the campground industry, working at parks in both the Yogi Bear’s Jellystone Park Franchise and the Kampgrounds of America Franchise. Armed with two decades of experience, Ms. Taylor is quick to point out the legal issues that apply to outdoor hospitality business owners. She has provided a wide variety of services to campgrounds, RV Parks, and glamping venues, including seasonal licenses, waivers, employment contracts, real estate services and even litigation services as needed.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for New Jersey Noncompete Agreement Projects
Florida Non-Compete Invalidity Review & Response Letter (Client in Brazil)
"Great job!"
Review Non-Compete Agreement and Address Business Dispute in Texas
"Faryal, delivered guidance I needed with good communication."
Contract Review and Legal Advisement for Noncompete Agreement
"Excellent work and great communication. Thanks Ivan!"
Review Non-Compete Clause in Coaching Program Agreement
"Zachary did a great job and delivered his answers quickly."
Review Non-Solicitation Clause and Draft Preventative Letter in NYC
"Zack was a pleasure to work with. He was thorough, responsive, and provided clear, practical guidance for my situation."
Business Contracts
Noncompete Agreement
Florida
Noncompete agreement for consultants?
I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.
Venus C.
Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.
Employment
Noncompete Agreement
Washington
Noncompete agreement and public policy?
I recently accepted a job offer with a new employer who asked me to sign a noncompete agreement. I am concerned that the agreement may not be in line with public policy and wanted to get a professional opinion from a lawyer to make sure I am not putting myself in a difficult situation.
Merry K.
If you are in Washington State, where I'm licensed, as opposed to D.C., please let me know what kind of help you are looking for - have you already signed the agreement? I've been a WA State attorney for nearly 38 years, and specialize in employment law.
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and promotions?
I recently accepted a promotion within my company and was asked to sign a noncompete agreement. I am concerned that if I accept the promotion and then leave the company, that I will not be able to take a similar position with another company. I am also worried that if I don't accept the promotion, I may be at risk of being terminated. I need to know what my rights are and what the implications are of signing the noncompete agreement.
Thomas L.
It depends on the terms of the non-compete and the size of your employer. Without seeing the agreement and knowing the size of your employer, I can't offer more advice.
Employee Rights
Noncompete Agreement
Washington
Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?
Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.
Merry K.
I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true
Employment
Noncompete Agreement
New York
Noncompete agreement and industry restrictions?
I recently signed a Noncompete Agreement with my current employer. I am looking to explore other opportunities in my industry and want to know what restrictions my noncompete agreement might have on me. I am interested in understanding the limitations of the agreement and if there are any potential implications of taking a job in the same industry.
Danielle G.
In order to ascertain the limitations and implications, you would need to review the specific language of the agreement. If the non-compete is very broad, it's possible it would not be enforceable. In New York, for a non-compete agreement to be enforceable, it must be for a reasonable period of time and limited geographic scope. It also must protect the employer's legitimate interest. For example, the restrictions must protect confidential information or specialized skills you gained while on the job, or some other legitimate interest. If the agreement goes beyond those limitations, a court could find the non-complete to be unreasonable and unenforceable, in whole or in part. As to what restrictions your specific non-compete imposes (and the reasonableness of those restrictions), you would need to look at the specific language in the agreement. If you are unsure about the limitations, you should seek advice of counsel to help decipher the extent it would apply to your industry in general, and the likelihood it would be enforceable in court.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Noncompete Agreement?
Employment lawyers by top cities
- Austin Employment Lawyers
- Boston Employment Lawyers
- Chicago Employment Lawyers
- Dallas Employment Lawyers
- Denver Employment Lawyers
- Houston Employment Lawyers
- Los Angeles Employment Lawyers
- New York Employment Lawyers
- Phoenix Employment Lawyers
- San Diego Employment Lawyers
- Tampa Employment Lawyers
New Jersey Noncompete Agreement lawyers by city
- Edison Noncompete Agreement Lawyers
- Elizabeth Noncompete Agreement Lawyers
- Jersey City Noncompete Agreement Lawyers
- Lakewood Noncompete Agreement Lawyers
- Newark Noncompete Agreement Lawyers
- Paterson Noncompete Agreement Lawyers
ContractsCounsel User
Non-compete analysis
Location: Utah
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 3
Number of Bids: 3
Bid Range: $495 - $1,850
User Feedback:
ContractsCounsel User