New Jersey Association of Justice
American Bar Association
National Employers Lawyers Association

Non-Compete Law Center

Our New Jersey Employment lawyers are well-versed in the evolving area of restrictive covenants and employment law. Restrictive covenants are usually included in an employment agreement or stand-alone contract in which the employee agrees to refrain from engaging in specified business activities during and/or after the end of the employment relationship. Typically, an employer provides the restrictive covenant at the time the employee accepts his or her employment. However, some employers may require their employees to sign a restrictive covenant in the midst of employment. Unfortunately for employees, New Jersey courts have found that continued employment is sufficient consideration for enforcement of a restrictive covenant. This means that if you do not have a restrictive covenant and you execute one during your employment, it can still be enforceable against you.

Common restrictive covenants include no compete agreements, non-solicitation clause, anti-raiding provisions and confidentiality agreements. There is a lot of misinformation concerning the area of no compete agreements, most notably whether no compete clauses can be enforced by an employer against a former employee. A lot of the misinformation concerning the enforceability of no competes can be attributed to the fact that the law concerning no competes can greatly differ from state to state. In New Jersey, while no complete agreements are enforceable under certain circumstances, our courts also recognize the strong public policy to allow people to pursue their livelihood and provide for their families. Whether a no compete agreement is enforceable is a fact specific inquiry. Retaining competent and affordable legal counsel to guide you through the complex world of post-termination employment laws is vital if you are being asked to sign a non-compete or you are being accused of breaching a non-compete by a former employer.

It is extremely important for both employers and employees to fully understand their obligations under any employment agreement in connection with post-termination restrictions. All too often, employees sign employment agreements without reading or understanding what they are agreeing to and therefore have no idea that they even have a post-employment restriction on their ability to make a living. Other employees simply ignore cease and desist letters when they receive them and then find themselves in court on an emergency basis fighting an injunction hearing without giving their attorney adequate time to prepare any opposition to the emergency injunction application. The result can be devastating when a court orders you to stop working for your new company, leaving you unable to make a living and provide for your family.

The Smith Eibeler No Compete Law Center provides employee with some general information about the area of restrictive covenant law in employment contracts. Our New Jersey Employment Lawyers represent employees and small employers in all areas of employment law including in all of the following areas of law that may apply to your post-employment legal issues:

  • Restrictive Covenants
  • No Compete Agreements
  • Non-Solicitation Agreements
  • Breach of a No Compete Agreement
  • Breach of Contract
  • Good Faith and Fair Dealing
  • Tortious Interference
  • Breach of Loyalty
  • Breach of Fiduciary Duty
  • Unfair Competition
  • New Jersey Trade Secrets Act
  • Confidentiality Agreements
  • Sale of Business No Compete
  • Severance Agreements
  • Employment Agreements
  • Post-Termination Retaliation

The legalities of Restrictive Covenants are complex and always evolving. If you are being asked to sign an employment agreement that contains a non-compete, non-solicitation or other employment restriction, or you have received communication from a former employer claiming that you are violating an employment agreement in connection with your new employment, our New Jersey Employment lawyers are here to help you in obtaining the best possible result concerning your legal situation.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully

Results may vary depending on your particular facts and legal circumstances.