Fords, NJ asked in Contracts, Mergers & Acquisitions and Employment Law for New York

Q: I signed a covenant not to compete, but I was laid off due to a company buy-back. Is it still enforceable?

The company was purchased by a majority investor, who came in and laid off 3/4s of the company. I am currently looking for another job but I'm not sure what I can do. My field is very small and the non-compete was for 1 year after severance.

2 Lawyer Answers

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in New York

A: Many non-compete clauses are invalidated because they're too broad. Have a lawyer look at it.


More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Michael David Siegel

  • New York, NY
  • Licensed in New York

A: The burden to enforce is on them. Covenants are strictly enforced. Basically, do what is good for you, and in the unlikely event you are sued, call a lawyer to defend it.

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