Drafting, Negotiating And Litigating Confidentiality, Noncompete And Nonsolicitation Contracts

At the law office of Lawrence N. Lavigne, Esq., L.L.C., in Union, New Jersey, we have been assisting employees and employers with a wide range of employment law matters for more than 30 years. When negotiating and drafting confidentiality, non-compete and non-solicitation agreements, we are meticulous. We listen to your goals and your concerns, then draft agreements in accordance with the law that protect our clients' interests.

What Are Confidentiality, Non-compete And Non-solicitation Agreements?

Confidentiality, non-compete and non-solicitation agreements are common employment law contracts. While each is a distinct contractual agreement, they often go hand in hand:

  • Confidentiality/non-disclosure agreements are contracts in which the employee promises not to disclose certain proprietary information, such as trade secrets.
  • Non-compete agreements are contracts in which the employee agrees not to unfairly compete against his/her (former) employer. For example, a non-compete may prohibit an employee from working for a competing company or forming a competing company within a certain geographical area for a specified time frame.
  • Non-solicitation agreements are contracts that prohibit the employee from soliciting the employer's clients or employees after leaving the company, either for his/her own benefit or on behalf of a competitor.

Do Not Sign Any Agreement Until You've Met With A Lawyer

Many employees sign confidentiality, non-compete and non-solicitation agreements at the beginning of their employment without really thinking the agreements through. Or they may be presented with these agreements during severance negotiations. Signing these agreements before reviewing them with a lawyer is a bad idea. These agreements contain powerful contractual language and could limit your ability to obtain other employment or to work in certain geographical locations. Make sure you speak with an attorney before you sign anything.

Employers Need To Be Careful, Too

These agreements can quickly be stricken down by the courts – for example, for being overly broad, lacking specificity and clear definitions, or failing to be New Jersey-specific. We work closely with employers to create strong, solid agreements that clearly define each party's rights and obligations, and avoid the need for litigation in the future.

Contact Us For More Information

If you've been presented with a non-compete, confidentiality or non-solicitation agreement, or need help with negotiations and drafting, contact Lawrence N. Lavigne, Esq., L.L.C. We will put the law to work for you. Call us today at 908-349-1066. Consultations for agreements other than severance agreements are free. Se habla español.