1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

non compete clause

Discussion in 'Employment Contracts & Work Policies' started by mitster, Mar 12, 2019.

  1. mitster

    mitster Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New Jersey
    I've non-compete clause in my contract for the company I work for which is contracted by Hospital in the state of NJ. The hospital is ending the company's contract; therefore, terminating my contract with the company. The hospital wants to offer me a contract, but the company says they will uphold non-compete clause. Is that still enforceable if the company itself has lost it's contract to the hospital.
     
  2. cbg

    cbg Super Moderator

    Messages:
    7,921
    Likes Received:
    1,140
    Trophy Points:
    113

    Not having read the non-compete, I can't say.
     
  3. hrforme

    hrforme Active Member

    Messages:
    558
    Likes Received:
    120
    Trophy Points:
    43
    and there may also be some type of agreement between the contract holder (your current employer) and the hospital outside of your personal individualized agreement that speaks to this matter even if you could overcome your personal individual NCA. If the hospital is just allowed to cancel the contract and then immediately hire the personnel, don't you see where that could be against the wishes of the contract holder? Personally I'd be curious as to why the contract ended. But the last thing you want is to be in the middle of a court battle between the two!
     
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,014
    Likes Received:
    612
    Trophy Points:
    113

    Given that you didn't quote or provide even a summary of the contract's language, I can only assume you're asking if, under NJ law, a non-compete agreement is automatically unenforceable under the very unique circumstances you described. The answer to that question is no; no such law exists.

    If you want any meaningful commentary, you'll have to quote the language of your contract with your employer. Here's an article written by a New Jersey lawyer that generally discusses NJ law on the subject.
     

Share This Page