Q: Hi. I have non compete question. What are the chances employer would sue me for breaching non compete in nyc?

A: No lawyer can answer your question without reviewing your agreement. We speak with you first to get an idea about the work you do, the industry you are in, and what you plan to do. Sometimes you may be required to place both your current employer and your future employer on notice of the restriction. Other times you are prohibited from disclosing the terms of the agreement since it is confidential.

It's true that noncompetition agreements might not be enforced under the employee choice doctrine. For example, your current employer offers you X dollars to leave. If you accept the money you are probably bound by the agreement no matter how unenforceable it might be had you not accepted the money.

But it sounds like you want to leave voluntarily. Noncompetition agreements are generally not looked upon favorably in New York. But at the same time New York courts have been known to "blue pencil" an overly broad noncompetition. The court might just strike or revise the parts that it thinks go too far.

The bottom line is that it will cost you a small fortune to litigate a noncompetition agreement. The initial retainer for federal court is a little daunting even for a well-heeled client. It will be even worse if your new employer receives a cease and desist letter, fires you, and you already quit your current job. That does happen since most employers don't need litigation with a recent hire and may simply cut you loose.

This is for certain. It will be substantially less costly to pay an employment lawyer a flat fee for reviewing your documents remotely. Then you can decide which way to go. No need to go anywhere. But not doing so could become a nightmare.