4 ms·
I am a law student, not a lawyer, so this isn't perfect advice. Non-competes basically contain three elements: 1. Scope - what you can work on. This non-compe
by micks56 18y ago
I am a law student, not a lawyer, so this isn't perfect advice.
Non-competes basically contain three elements:
1. Scope - what you can work on. This non-compete says anything that NYC company does.
2. Duration - this one says 24 months
3. Location - this one says anywhere.
Regarding #1, the court will likely hold that this is reasonable. A non-compete can keep you from working on what you know.
Regarding #2, 24 months is on the long side of acceptable duration. It isn't completely unreasonable, but it is long.
Regarding #3, this is a tough one. As a law student I have not dealt with internet non-competes. It makes sense to limit competition in a geographic area. For example, an agreement where a barber cannot open a competing barbershop next door is considered reasonable by the courts. But location doesn't apply easily to the internet. Where the business is matters less.
To research more, try to go to a law library. Go to the 'Hornbook' series. They are summaries of law across the United States. They are not actually law. You will need to see what rule actually applies to your jurisdiction. There are many Hornbooks (ones on contracts, torts, property, etc). You will have to look at the table of contents and index to see which one you need.
Second, in the law library, take a look at American Jurisprudence. It is similar to the hornbook. You will most likely need a law librarian's help with that one.
You can send me an email with more questions on reasonableness and toll if you want. My email is in my profile. I can answer questions much better if I can read the whole agreement and I know the background on the business.
- andreyf 18y agoMy email is in my profile That part isn't visible publicly - could you put it in the "about me" section, please? Thanks for the advice. The company is an "e-commerce portal", which rates products based on their environmental friendliness. What worries me, in particular, is that I "[may not work on anything] engaged in any manner in the Business of the Company in any market (including the Internet market)". Edit: apparently, things that are capitalized like "Business" is here are defined elsewhere in the document.