Is That Non-Compete Agreement Enforceable?
Yes, according to the New Jersey Supreme Court in its recent decision in Maw vs Advanced Clinical Communications, Inc. The Plaintiff, Karol Maw had refused to sign a non-compete agreement which provided if she left her employment she couldn’t be employed by a competitor for a period of two (2) years. She contended the provision violated public policy under the Conscientious Employee Protection Act and prevented her from finding employment in her field. The Court followed its prior rulings in determining whether a non-compete agreement is enforceable which held an agreement is enforceable if it protects the legitimate interests of the employer, imposes no undue hardship on the employee and is not injurious to the public. The Court found non-compete agreements should not be illegal per se, but the agreement must be reasonable. If employees wished to challenge such an agreement they have private remedies and recourse to the courts but the Supreme Court refused to go the next step and decl
