Injunctions And Noncompete Agreements
Noncompete agreements are critical to the success of many companies, protecting intellectual property and competitive advantage, should an employee leave the company. If an employee breaches a noncompete agreement, businesses and employers generally have two options. Either the company can seek monetary damages for the breach of contract, or the company can seek an injunction. An injunction is a court order that requires the employee to uphold the terms of the noncompete agreement.
At the Law Office of Stanley B. Cheiken in Langhorne, I provide experienced representation to both employees and employers during injunction proceedings. I represent clients in Pennsylvania and New Jersey. As a solo attorney, I offer personalized, hands-on service. I am committed to fully protecting the rights and interests of the client in every case.
Skilled Guidance On Injunctions And Noncompete Agreements
The Commonwealth of Pennsylvania and New Jersey can be a difficult legal environment in which to seek a noncompete injunction as many courts see noncompete agreements as a hindrance to trade and commerce. It is important that you have skilled representation on your side. As a seasoned and successful trial lawyer, I understand the courtroom climate in these cases and the steps to a successful injunction or resolution. I offer an in-depth understanding of the legal nuances of injunctions and noncompete agreements that I will apply to find a strong strategy to advance your position.
What To Know About Noncompete Agreements In Pennsylvania
In Pennsylvania, noncompete agreements are generally enforceable, but they must meet certain criteria to be considered valid:
- The agreement must be reasonable in terms of duration and geographic scope.
- It must protect a legitimate business interest, such as trade secrets or customer relationships.
- Employers must provide adequate consideration, such as a job offer or promotion, at the time the agreement is signed.
Pennsylvania courts scrutinize these agreements to ensure they are not overly restrictive and do not unreasonably impede an individual’s right to earn a living.
It is important for both employers and employees to understand the specific terms and implications of these agreements before signing, as Pennsylvania courts may modify or even invalidate agreements deemed too broad or unfair. Both parties should consult with legal counsel.
What To Know About Noncompete Agreements In New Jersey
In New Jersey, noncompete agreements are also enforceable, provided they meet certain legal standards:
- The agreement must serve a legitimate business interest.
- It must be reasonable in scope and duration.
- It must not cause undue hardship to the employee.
- It must be supported by consideration at the time of signing, such as an offer of employment, a promotion or additional compensation.
New Jersey courts carefully evaluate whether the restrictions are necessary to protect the employer’s interests without excessively limiting the employee’s ability to find new employment. Additionally, New Jersey has a “blue pencil” rule, allowing courts to modify overly broad agreements to make them enforceable.
How I Can Help: Noncompete Representation For Employers And Employees
For over 30 years, I have represented businesses and professionals throughout Pennsylvania and New Jersey in business litigation and injunction proceedings. I am knowledgeable in the evidence that must be provided, as well as contract law strategies that are invaluable in protecting your business interests and intellectual property.
To discuss your case and the options available in seeking an injunction to stop the violation of a noncompete agreement, or if you’re an employee seeking to challenge the enforceability of a noncompete agreement, please contact the Law Office of Stanley B. Cheiken today at 215-572-8600.