New York will enforce a non-compete agreement as long as an employer does not impose greater restrictions than necessary to protect their business interest or cause undue hardship. In addition, a non-compete agreement may not cross industries. For example, a non-compete agreement cannot prevent a salesman from working for another company as a consultant as long as the employee does not conduct sales. Furthermore, non-compete agreements may not be enforced in the financial industry.
Non-compete agreements in New York state must be reasonable in geographic scope and in time period.
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To write a New York non-compete agreement, first review the non-compete guide as provided by the New York Attorney General. Remember that a non-compete agreement must be reasonable in scope and that it may not cross other industries. Include the following clauses:
The parties must sign and print their names. The signatures should be dated. Each party should receive a copy of the executed non-compete agreement for their records.