How Your Company’s Restrictive Covenants Could Be Holding You Back

Companies thrive when they can provide services or products with quality or value that keeps them above their competitors. To do so, they rely on established processes, trade secrets or intellectual property not known to the competition. The use of restrictive covenants may safeguard a company's propriety business information. However, if you are an employee agreeing to such a covenant, your employer could be unreasonably limiting your future earning potential.

If you find yourself in a contractual bind with your current or former employer, I can help. Reach out to me, Joseph Gawlowicz, Attorney; for the legal guidance you need to resolve any employment law concerns today.

Is Your Contract Reasonable?

While businesses do have a right to protect their comparative advantages, this should not come at the cost of your career. Any contract you sign should not cause you undue hardship in the interim and must have reasonable terms and limits.

A restrictive covenant may include:

  • Noncompete agreements: An agreement that prohibits you from working for a competitor or directly competing with your employer.
  • Nonsolicitation agreements: An agreement that prevents you from approaching your employer's clients with your services.
  • Confidentiality agreements: An agreement that bars you from the use of an employer's confidential information for personal or professional gain.
  • Intellectual property agreements: An agreement regarding the rights to any invention or methods you develop while working for your employer.

Seeking out a better job opportunity in New York is not a crime, and restrictive covenants are contestable. Discuss your situation with me to find out how my services can help you resolve a conflict or quandary over a restrictive covenant.

Work With Me To Figure Out Your Options

It may seem like once your signature is on the line, you have no choice but to adhere to the conditions of an employment agreement. However, this is not always true. I can review the relevant documents for evidence that the contract may not be enforceable. I can work to negotiate a fair severance package. I can also assist you to pursue the filing of a declaratory judgment where there may be conflict with your employer.

With a skilled lawyer's help, you can overcome legal challenges and focus on transitioning into your new role at your new company today. Call my Rochester office at 585-340-7766 for a free phone consultation or email me with any question you may have today. If your circumstances do not permit you to come to me, I may be able to come to you.