A non-compete agreement can be essential to protect your company’s trade secrets, client lists, and other proprietary information from being disclosed to competitors. However, creating these agreements can be complex — and they are increasingly scrutinized in the event litigation arises. If you’re a Long Island business owner, it’s vital to have a non-compete agreement lawyer by your side who can help you draft enforceable contracts that will safeguard your interests and hold up in court, if necessary.
Here are several key reasons why you need a non-compete agreement lawyer on Long Island:
A Lawyer Who Handles Non-Compete Agreements Can Help Ensure the Terms are Enforceable
Non-compete agreements must be carefully drafted to ensure they are enforceable. While they must contain clear and unambiguous terms, these agreements must also be reasonable. A court will only enforce a non-compete if certain elements are met. Specifically, to be enforceable, the agreement:
- Must be necessary to protect the employer’s legitimate business interests
- Must not impose an undue hardship on the employee
- Must not harm the public interest
- Must not contain restrictions that are unreasonable in time frame and geographic scope
An experienced business lawyer who regularly drafts non-compete agreements and litigates disputes arising from them will know what a judge looks for regarding enforceability — and how to construct a document that withstands litigation.
A Lawyer Can Tailor a Non-Compete to Protect Your Interests
Non-compete agreements are not one-size-fits-all. Every business is unique, and a non-compete should be crafted to fit the needs of your specific company. Since a non-compete cannot be too restrictive — or overly broad — a knowledgeable non-compete agreement lawyer can best determine the necessary provisions to include while considering your company’s requirements and the industry in which you operate.
A Non-Compete Agreement Lawyer Can Help You Avoid Costly Litigation
Poorly drafted non-compete agreements can lead to costly lawsuits and extensive litigation. Generally, disputes arising from non-competes stem from ambiguous terms, unclear language, or overly broad provisions. A skillful business lawyer will be aware of the common issues that can lead to litigation and draft an agreement that reduces the chance of an employee bringing a lawsuit.
A Lawyer Can Help You Explore Alternatives to Non-Compete Agreements
While they are typically enforced in Long Island courts — as long as they are reasonable — non-competes can still be challenged. In some cases, business owners might instead consider using non-solicitation or non-disclosure agreements to protect their proprietary information. A diligent business lawyer can address the pros and cons of each type of agreement and help you determine which is best to safeguard your company’s interests.
A Non-Compete Agreement Lawyer Can Represent You in Court
If it becomes necessary to enforce a non-compete agreement — or an employee raises a legal challenge — a lawyer can protect your interests. Often, disputes concerning non-competes can be resolved using a form of alternative dispute resolution, such as mediation or arbitration. However, if a settlement cannot be reached through negotiations out of court, litigation may be necessary. A non-compete agreement lawyer will know how to build a strong case, implement strategic defense tactics, and advocate on your behalf in the courtroom.
Contact an Experienced Long Island Non-Compete Agreement Lawyer
Non-compete agreements are crucial to shield your company’s confidential information from competitors who may seek an unfair advantage. A dedicated business lawyer can help you draft and litigate non-competes to ensure your business and bottom line are adequately protected. At Barnes & Barnes, P.C., we handle a wide range of business matters, including those involving non-compete agreements. Contact us at (516) 673-0674 to schedule a consultation.
