of Employees
Non-Compete Agreements
Respected Bergen County Employment Attorneys Committed to Protecting Workers’ Rights

Non-compete agreements are contracts in which you agree not to work for a competitor for a certain period of time after your employment ends. These clauses often are buried in employment contracts, offer letters, handbooks, or severance agreements. Unfortunately, they can significantly limit your ability to pursue future job opportunities or to negotiate better terms with your current employer. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we help employees understand, evaluate, and challenge restrictive covenants that are likely to unfairly impact their careers.
Where Do Non-Compete Agreements Show Up?
Employers frequently require non-compete clauses from employees in positions involving access to customers, confidential information, trade secrets or other specialized knowledge. These agreements are particularly common for marketing and sales professionals, software engineers, scientists, physicians and other medical professionals, researchers, senior executives, and individuals who have sold a business. However, they are increasingly appearing in contracts for mid-level and even entry-level roles.
In New Jersey, employers may use non-compete agreements only to protect legitimate business interests. These may include safeguarding confidential information, preserving client relationships, or allowing time to train a replacement. Even so, many employers impose restrictions that are far broader than necessary, which could leave you in a difficult position when you want to change jobs or leave on your own terms.
Understand What You Are Signing
Before you sign anything that includes a non-compete clause, you should take the time to understand how it may affect you in the future. A non-compete agreement is not just a formality. It is a legal contract that can limit your ability to accept future jobs, open a competing business, or even stay in the same industry.
Employers often present these agreements as standard or non-negotiable, but that is not always the case. Once you sign, however, you may face serious consequences for trying to compete later on. You should not sign a contract containing a restrictive covenant without first speaking to an experienced employment attorney.
Reviewing and Negotiating the Terms
Because employers usually draft these agreements themselves, the terms rarely are written with your interests in mind. The restrictions may be unreasonably long, cover too large a geographic area, or apply to a wide range of unrelated companies. In some cases, they may even prevent you from working in your field at all.
Courts in New Jersey typically will not enforce a non-compete agreement to the extent it is overly broad or unreasonable. But, even if the terms are questionable, potential employers often avoid hiring someone with a restrictive covenant to avoid the risk of litigation. That is why it is far better to negotiate more reasonable terms up front, while you have some bargaining power and before the restrictions go into effect.
We can help you assess the agreement and advocate for narrower terms that protect your future career. In some cases, we can help remove the clause altogether.
Defending Against Non-Compete Litigation
If you have already signed a non-compete agreement and your former employer is threatening legal action—or has already filed a lawsuit—you still may have strong defenses. For example, courts in New Jersey are reluctant to enforce restrictions that go beyond what is necessary to protect the employer’s interests.
We can evaluate the enforceability of the agreement, represent you in court if necessary, and help you reach a resolution that allows you to continue your career without unnecessary interference.
Speak with a Bergen County Non-Compete Lawyer Today
At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we bring decades of experience to employment law issues, including non-compete and non-solicitation disputes. Whether you are reviewing an agreement for the first time, negotiating a severance package, or facing a lawsuit, we can help you understand your rights and defend your ability to work.
To schedule a consultation with one of our experienced New Jersey non-compete attorneys, please call us at (201) 777-2250 or contact us online. We offer both in-person meetings and remote consultations by telephone or Zoom.
Related Articles
Want to learn more about non-compete agreements? Then browse one of these articles from our New Jersey Employment Law Blog:
- When is a Non-Compete Agreement Enforceable in New Jersey?
- Are Non-Compete Agreements Enforceable Against New Jersey Psychotherapists?
- Appellate Division Narrows But Enforces ADP’s Non-Compete Agreement
- Third Circuit Affirms Injunction in Non-Compete Case
- Court Prohibits Employees from Violating Non-Compete Agreement
- Unlicensed Employment Agencies Cannot Enforce Non-Compete Agreements
- No Compensatory Damages for Breach of Non-Compete Agreement Without Proof of Actual Harm
- Are Stock “Clawback” Provisions Unenforceable Penalties?