When drawing up employment contracts, employers in New York naturally want to include provisions protecting their intellectual property. This is why many employment contracts limit the rights of employees to accept certain positions with certain other employers soon after leaving the employment of the contracting employer. Employees, on the other hand, may determine that these non-compete clauses are not enforceable or are not applicable to their specific circumstances.
A previous post here detailed a dispute between two large retailers over an executive who left one retailer and accepted employment with the other. The original employer asserted that the other employer hired the executive to gain access to the original employer's trade secrets. The original employer also claimed that the terms of employment would require the executive to violate non-compete, non-solicitation and non-disclosure clauses of the executive employment contract with the original employer. The executive intervened in the dispute and denied these claims.
Maybe you are an employer with a former employee threatening to violate their employment contract with you. Maybe you are an employee with a former employer making unreasonable demands regarding an employment contract. Either way, getting an experienced intellectual property law attorney may be a good idea.
Arthur R. Lehman, LLC has gained experience in this area of law by protecting clients' rights through litigation. These types of situations are understandably very stressful and can be absolutely devastating to a business or employee if not handled correctly. We have helped many clients safeguard their rights. Our law firm's intellectual property litigation page has more information on this topic.